Who are the lawyers and judges, and how is the independence of the judiciary protected?
The legal profession and judiciary: the role and training of solicitors and barristers, the different types of judge, judicial appointment, and judicial independence.
A focused answer to the AQA A-Level Law legal profession and judiciary topic, covering the roles and training of solicitors and barristers, the types of judge, judicial appointment, and the principle and protections of judicial independence.
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What this dot point is asking
AQA wants you to describe the work and training of solicitors and barristers, identify the types of judge, explain how judges are appointed, and explain and evaluate the importance of judicial independence and the protections that secure it.
The legal profession
Both branches handle complaints through the Legal Ombudsman, and clients may sue for negligence (Hall v Simons removed barristers' immunity from negligence claims for advocacy).
The judiciary
Judges are split into two categories. Superior judges sit in the Supreme Court (Justices), the Court of Appeal (Lord/Lady Justices of Appeal) and the High Court (High Court judges). Inferior judges include circuit judges, recorders and district judges. Appointments are made on merit through the independent Judicial Appointments Commission, created by the Constitutional Reform Act 2005.
Judicial independence
Independence is protected by several devices: security of tenure (superior judges hold office "during good behaviour" under the Senior Courts Act 1981 and can be removed only by a parliamentary address to the monarch, a power last used in 1830); fixed salaries paid from the Consolidated Fund so the government cannot pressure judges financially by threatening their pay; immunity from suit for acts done in their judicial capacity (Sirros v Moore); and the separation of powers, reinforced by the Constitutional Reform Act 2005, which created the Supreme Court (removing the senior judges from the legislature), transferred most of the Lord Chancellor's judicial functions to the Lord Chief Justice, and established the Judicial Appointments Commission to take appointments out of the hands of a government minister.
Independence operates on two levels. Independence from the executive allows judges to decide cases against the government and to review its actions through judicial review without fear of reprisal. Independence from the case and the parties is secured by the rule against bias (R v Bow Street Magistrates, ex parte Pinochet, where a judge's link to a party set aside the decision) and the sub judice rule limiting comment on pending cases. Independence underpins the rule of law and public confidence: if judges could be pressured, the impartial application of the law and the protection of citizens against the state would collapse. A strong evaluation links each protection to the specific risk it guards against and considers whether appointment on merit through the Commission has also improved judicial diversity, an area where the senior judiciary remains heavily criticised.
How this topic is examined
The profession and judiciary are examined through descriptive questions on roles and appointment and evaluative questions on judicial independence. Examiners reward distinguishing the two branches, accurate protections of independence, and a clear connection to the rule of law.
Exam-style practice questions
Practice questions written in the style of AQA exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
AQA 201910 marksDescribe how judicial independence is protected and discuss why it is important to the rule of law. [10 marks]Show worked answer →
Describe the protections: security of tenure (superior judges hold office during good behaviour and can be removed only by a parliamentary address), salaries paid from the Consolidated Fund so the government cannot apply financial pressure, immunity from suit for judicial acts, and the separation of powers reinforced by the Constitutional Reform Act 2005 (the Supreme Court and the transfer of the Lord Chancellor's judicial role).
Then discuss importance: independence lets judges decide impartially, hold the executive to account through judicial review, and maintain public confidence, all central to the rule of law. Markers reward accurate protections, a clear link to the rule of law, and a supported judgment.
AQA 20214 marksExplain the main differences in the work of solicitors and barristers. [4 marks]Show worked answer →
Solicitors are usually the client's first point of contact: they advise, draft documents, handle transactions and conduct litigation, and increasingly act as advocates with higher rights of audience, regulated by the Solicitors Regulation Authority. Barristers are specialist advocates and opinion-givers, traditionally instructed by solicitors and subject to the cab-rank rule, regulated by the Bar Standards Board. Markers reward the contrast between the solicitor's general advisory and litigation work and the barrister's specialist advocacy, while recognising the distinction has blurred.
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Sources & how we know this
- AQA A-level Law (7162) specification — AQA (2017)