The Myth of Judicial Independence
Mike McConville author Luke Marsh author
Format:Hardback
Publisher:Oxford University Press
Published:29th Jun '20
Currently unavailable, and unfortunately no date known when it will be back
Through an examination of the history of the rules that regulate police interrogation (the Judges' Rules) in conjunction with plea bargaining and the Criminal Procedure Rules, this book explores the 'Westminster Model' under which three arms of the State (parliament, the executive, and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges' Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law, including an adversarial process and trial by jury, and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.
This book offers a fascinating analysis of behind-the-scenes interplay between English judges, politicians, Whitehall, and the police over the non-statutory rules which throughout the twentieth century were meant to secure the liberty of the subject from oppressive police action. In a democracy, of course, these should have been decided by Parliament, but hidden from public gaze, the judges - those alleged custodians of liberty - allowed their rules to be weakened and undermined by the executive. So can we boast of a judiciary that is truly independent of the state and its power establishment when called upon to restrain police powers, and when making other decisions on crime and the constitution? * Geoffrey Robertson QC, Doughty Street Chambers *
The publication more than four decades ago of research which demonstrated the pervasiveness of the unmentionable practice of plea bargaining provoked fury, consternation, and threats of suppression. Mike McConville and Luke Marsh's book The Myth of Judicial Independence is certain to generate an even greater furore. Rather than focusing on the roles of individual judges, police, prosecutors, and defence lawyers, this book (based on original archival data) exposes the politicization of criminal justice at its core - debunking the policies crafted and implemented by the Home Office and senior judges. It will force a fundamental reconsideration of the 'Westminster Model' at the very moment when it is under enormous stress. * Richard Abel, Connell Distinguished Professor of Law Emeritus and Distinguished Research Professor, UCLA *
ISBN: 9780198822103
Dimensions: 239mm x 163mm x 25mm
Weight: 664g
336 pages