Judges must engage in politics to preserve rule of law – lord chief justice
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Version 0 of 1. Judges must take “proactive steps” to secure adequate funding for the justice system, which is becoming unaffordable for most people, the lord chief justice has said. In a radical intervention encouraging judges to show greater “political engagement”, Lord Thomas of Cwmgiedd called on the industry to fight for better resources. Delivering a speech on “judicial independence in a changing constitutional landscape”, Thomas proposed an end to judges isolating themselves from political reality. His comments come as funding for the Ministry of Justice has repeatedly been reduced in contrast to the budgets for the NHS or overseas aid, which have been rigorously protected by coalition and Conservative governments. Related: Choice of Sir John Thomas as lord chief justice sees tradition prevail | Joshua Rozenberg Addressing the Commonwealth Magistrates’ and Judges’ Association, he said: “Judicial independence is best served by more, not less, day-to-day engagement with government and parliament. “It has also necessitated a much more proactive stance by the judiciary in promoting an understanding of the importance of justice and in taking more proactive steps.” He continued: “This new approach is necessary to protect judicial independence, particularly in securing adequate resources for the justice system and in explaining to the public why it is a judge’s duty to make decisions in accordance with law in a way which might not appear at the time to be in accordance with popular sentiment.” The lord chief justice’s comments on the high cost of going to court may refer primarily to civil cases but also coincide with greater means-testing of legal aid for defendants in criminal cases. The courts by and large seem to work and are perceived to uphold the rule of law, Thomas acknowledged. But, he added, the public “do not readily see the serious problems that face the system of justice, such as the inordinately high cost of using the courts, which puts access to justice out of the reach of most, and a system that has not been modernised so as to meet the needs of ordinary citizens.” “At a time when the control of expenditure is under pressure, the benefits of spending on education, health and infrastructure are obvious, but the benefit of spending on justice and its modernisation, and the remedying of its problems, are not.” Lawyers are usually portrayed unsympathetically by the media, the Thomas implied, obscuring public understanding or sympathy for the legal system. “As a result of the changes to the constitutional position, and particularly in these times of reducing budgets, never has it been more important for the judiciary, as an institution, to become more outward-looking and play a more educative role within the proper confines of the constitution. Related: Demand for free help almost doubles since cuts to legal aid “In particular, judges in England and Wales have to explain the centrality of justice and what is necessary to ensure that the courts can deliver it. Judges have to be active in relation to decisions concerning the adequate provision of judges and court administration and explaining why these go hand-in-hand with maintaining judicial independence and defending the rule of law.” Concluding his speech, Thomas declared: “Judicial independence must not mean judicial isolation … The judiciary must explain the centrality of justice and why it matters. That task cannot be left to others. Transparency and openness are crucial to instilling public confidence in the justice system. “Engagement with the public and the other branches of the state is particularly important when it comes to protecting judicial independence and the proper funding of justice.” |