"I will do right by all manner of people, after the law and usages of this realm, without fear or favour, affection or ill will. "
Judges and the Constitution
This section sets out information on why the judiciary’s independence is vital to our democracy, and also why the changes introduced in the Constitutional Reform Act 2005, are important. For example, the Lord Chancellor – a politician and member of the Cabinet – will no longer be the head of the judiciary; this responsibility will now pass to the Lord Chief Justice of England and Wales.
The previous Lord Chief Justice, Lord Phillips of Worth Matravers, discusses Judges, the Constitution and Judicial Independence in a video and podcast interview, available on this website.
Our current legal system has developed over hundreds of years and still continues to develop today. This development influences the way the judiciary perform their duties, however, for hundreds of years the overriding principle of our legal system has been that judges are independent of government. That means they make their decisions without interference from the government or the executive. Judges also do not get involved with politics.
When judges are sworn in they take two oaths/affirmations. The first is the oath of allegiance and the second the judicial oath, these are collectively referred to as the judicial oath.
Oath of allegiance
“I, _________ , do swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law. ”
Judicial oath
“I, _________ , do swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of ________ , and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will. "
Affirmation - Allegiance
"I, ____________ , do solemnly sincerely and truly declare and affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second Her Heirs and Successors according to Law"
Affirmation - Judicial
I, ____________ , do solemnly sincerely and truly declare and affirm that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of ____________ , and I will do right to all manner of people after the laws and usages of this Realm without fear or favour affection or ill will.
Other acceptable forms of the oaths above
Hindu
Members of the Hindu faith will omit the words “I swear by Almighty God” and substitute the words “I swear by Gita”.
Jew
Members of the Jewish faith use the oaths above although some may wish to affirm.
Muslim
Members of the Muslim faith will omit the words “ I swear by Almighty God” and substitute the words “I swear by Allah”.
Sikh
Members of the Sikh faith will omit the words “I swear by Almighty God” and substitute the words “I swear by Guru Nanak”.