The Myth of Judicial Independence

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 *