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English legal system - "Impartiality is essential to justice and yet partiality can only exist with reference to a set of rules."
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"Impartiality is essential to justice and yet partiality can only exist with reference to a set of rules." In the English legal system, great importance is attached to the idea that judges should be independent. In addition to this view, they should also be independent of pressure from the government and other political groups1. This will enable judges to be able to decide cases brought before them impartially thereby upholding justice. This form of judicial independence is required by the constitutional doctrine known as separation of powers. This simply refers to all the three arms of government acting independently. But this is not always the case; sometimes the other arms of government can act ultra vires2. The courts through a process called judicial review can only correct the executive or legislative arms of government if they seem to be acting out of their powers. Therefore it is quite clear that impartiality is...
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