Advatages and Disadvanatges of The Judiciary Flashcards
(8 cards)
A1 - independence from the executive and the legislature
Under the doctrine of separation of powers, key principle of the Uk constitution provides system of checks and balances. Fair and impartial justice is delivered in all cases against unlawful acts of the govt. public confidence in the judiciary system.
A2 - judiciary is becoming more representative
In terms of gender and ethnicity. The judiciary Appointments commission selection system based solely on merit has improved diversity.
- In 1990 there were no BAME superior judges in 2023 there were 43 BME circuit judges and 6 BAME high court judges.
- Now 12 female courts of Appeal judges 36% circuit judges are now female.
- 2 of the 12 SC judges are female, First female president of the SC Lady Hale was in 2017-20
More representative judiciary decreases bias.
A3 - judges are experience legal experts
Spend many years working ad barristers or solicitors. They are highly qualified and pass though difficult selection processes to assess the 5 desirable qualities of the Judicial Appointments commission. They have a better understanding of the law.
A4 - allows judges to make changes in the law for the better
Can make changes though case law
- R V R (1991) marital rape was made illegal
whole ares of law have been developed by judges
- civil law areas is negligence, nuisance and R v F and criminal law areas such as murder and GNM
Many of these laws protect individuals from harm and fill gaps in law left by parliament.
D1 - judges have too much freedom
Security of tenure means that it’s virtually impossible to remove a judge for poor performance or even misconduct. Superior judges can on,t be removed by the monarch following a petition from the HOC & HOL.
Judges also have immunity from suit cannot be sued in a civil court or prosecuted in a criminal court.
Have special treatment compared to the rest of society.
D2 - much room for improvement in terms of Gender, ethnicity and class
Only one BAME judge in court of appeal none on SC. most is superior judges attended private school 11/12 SC judges were educated at Oxbridge. Most superior judges are over 40 years old unlike other European countries. More diverse judiciary is needed to decrease bias and allow parties to feel represented
D3 - narrow background of superior judges
Means that are out of touch with society and reality of Normal peoples lives. Majority of judges are white, male, middle class and have had privileged lives. Makes it difficult for them to make fake decisions in cases especially regarding less advantaged people.
- 2019 lord Chief Justice admitted there was a problem with male judges behaving in a sexist way towards female advocates in court.
D4 - judges can be inconsistent
Can be inconsistencies when making decisions. This leads to uncertainty when lawyers are advising their clients and unfair decisions. Judges avoid following precedent by overruling, distinguishing and disapproving, law making by judges has been seen as undemocratic as parliament is the legislator in the uk judges should only apply the law not create it.
