The case study: ‘Maria Wilson is being tried for public order offences for taking part in a demonstration against what she calls “greedy bankers” in Glasgow. She is fined for the offences but subsequently discovers that the judge in the case, Justice D.E Renolds is on the board of Capital Exchange, an influential think-tank which lobbies for looser regulation on the banking industry and that he is married to the CEO of a prominent bank. Based on this information Maria does not feel that the decision to fine her was fair and would like to challenge the decision. She comes to you looking for advice.’
Paper must look at judicial impartiality and independence, and judiciary inquiry as relevant in the Scottish constitution.
Judicial Independence, Impartiality, and Inquiry in the Scottish Constitution
The core principles of judicial independence and impartiality recognise the fact that each person has the right to a fair trial because the two concepts form the general principles of law and safeguard the objectivity and fairness of all judicial proceedings (Rädler). Impartiality holds that judges are prohibited from having any preconceptions about the case presented before them, and they must not act in a manner that favours or considers the interests of one party. Judicial independence, on the other hand, holds that the judiciary is safeguarded against any intrusion by state bodies or private people who perform legal duties. Thus, while impartiality focuses on the broad-mindedness of judges, independence outlines functional and structural precautions against inessential intrusion into the justice administration……………………………………………………..