Frequently Asked Questions (FAQs) - Judges and the Constitution

Do judges make laws? What's the difference between a judge and a magistrate? Do all judges wear robes? There are many common questions, and some misconceptions, about the judiciary - in this section of the website we have provided answers and information on many these.

Who is the most senior judge in England and Wales and why?

On April 3, 2006, the Lord Chief Justice - currently Lord Phillips of Worth Matravers - became President of the Courts of England and Wales and the most senior member of the judiciary. He is responsible for the training, guidance and deployment of judges. He also represents the views of the judiciary of England and Wales to Parliament and ministers.

What is judicial independence?

Judicial independence is a key principle of our constitution. It means that judges decide cases according to their own judgment, free from outside influence and not subject to the views or control of the Government.

In each case a judge must administer justice in accordance with the law and according to the circumstances of the case, whether his or her decision is popular or not.

Judicial independence also means independence from one judge from another. Judges can seek advice from fellow judges and will take account of views expressed by other judges in other cases, and they must take note of judgments given by higher courts which are binding. But no judge, however eminent, is entitled to tell another judge how to exercise his or her judgment in any individual cases.

 

More information is available in the Judges and the Constitution section of this site.