Discuss Advantages And Disadvantages Of The Judiciary Flashcards
(21 cards)
What is an advantage of the judiciary regarding independence?
The judiciary’s independence from the executive and legislature ensures fair and impartial justice, protects citizens against unlawful government acts, and maintains public confidence in the judicial system.
What is a disadvantage of the judiciary related to judges’ freedom?
Critics argue that judges have too much freedom due to security of tenure, making it nearly impossible to remove them for poor performance or misconduct.
What is a second advantage of the judiciary concerning representation?
The judiciary is becoming more representative of society in terms of gender and ethnicity, with improvements in diversity due to the Judicial Appointments Commission’s merit-based selection system.
What is a disadvantage regarding diversity in the judiciary?
There is still significant room for improvement in diversity, as there is only one BAME judge in the Court of Appeal and none in the Supreme Court, and most superior judges come from private schools.
What is a third advantage of judges’ qualifications?
Judges are experienced legal experts who have spent many years working as barristers or solicitors and pass through a rigorous selection process.judges understand law better than magistrates,which allows them to work quickly and effectively.this overalll benefits the parties in their case
What is a disadvantage of superior judges?
The narrow background of most superior judges means they are out of touch with society and the reality of ordinary people’s lives.
What demographic characteristics are common among judges?
The majority of judges are white, male, middle class, and have had privileged lives.
What issue did the Lord Chief Justice admit in 2019?
There was a problem with male judges behaving in a sexist way towards female advocates in court.
What is a fourth advantage of judicial precedent?
Judicial precedent allows judges to develop and change the law for the better through making case law.
For example, in R v R (1991), marital rape was made illegal.
What areas of law have been developed by judges?
Judges have developed areas such as civil law (negligence, nuisance, Rylands v Fletcher) and criminal law (murder, gross negligence manslaughter).
What is a disadvantage of judges making decisions?
Judges can be inconsistent when making decisions, leading to uncertainty and unfair decisions.
How can judges avoid following precedent?
Judges can avoid following precedent by overruling, distinguishing, and disapproving.
Why is law making by judges criticized?
It is criticized as being undemocratic since Parliament is considered the supreme law-making body in the UK.
What is a fifth advantage of the training of judges?
The training is very effective in producing high quality, independent judges.
What are the three main elements of judge training?
The three main elements are knowledge of law, evidence and procedure; judicial skills; and social context.
What does the induction programme for new judges consist of?
It consists of a residential course of 3-5 days appropriate to their level.
What support is provided to new judges at lower levels?
New judges are given an experienced mentor.
What continuing education is provided for judges?
Continuing education is provided regarding changes in the law and ‘human awareness’ such as racial, gender, and disability issues.
What is a disadvantage of the training of judges in the UK?
The training is insufficient compared to other countries, such as France, where becoming a judge is a career choice made at a young age.
How does the training of judges in France differ from that in the UK?
In France, law graduates are trained as judges without practicing as lawyers and receive more specific skills training from an early age.
What is the average age of judges in the UK compared to other countries?
The average age of judges in the UK is much higher than in countries like France.
