Evaluation of the judiciary, including the advantages of judicial independence.1️⃣2️⃣ Flashcards
(7 cards)
(Disadvantages of the Judiciary)
P-One criticism of the judiciary is that it is dominated by elderly, white, upper-class males.
(Dev/I/E):
Development:
In 2020, 76% of court judges were over 50, and 40% were over 60. Younger adults are under-represented.
Development: A lack of diversity in age and background could mean judges are less aware of the issues faced by younger or working-class people,
Impact:
This could result in misunderstanding young people and giving harsher or unsuitable sentences.
Example:
April 2020 court judge age statistics.
(Disadvantages of the Judiciary)
P-judges are too old A solution to the age problem could be creating a ‘career judiciary’.
(Dev/I/E):
Development:
Lawyers would be trained as judges early, starting in junior roles and working up, with specific skills training.
Development: This system would bring in younger judges and ensure they are trained in areas like decision-making, diversity, and understanding modern issue
Impact:
This would lead to a younger, more diverse, and better-prepared judiciary that reflects society more accurately.
Example:
Proposal of a ‘career judiciary’ to improve training and youth representation.
(Disadvantages of the Judiciary)
P-Another issue is the under-representation of women in the judiciary.
(Dev/I/E):
Development:
In 2020, only 32% of court judges and 26% of superior judges were women, despite open selection and more women in the legal profession.
Development: This shows that even with more women becoming lawyers, they are not progressing equally into top judicial roles.
Impact:
There is still a lack of diversity at higher judicial levels.
Example:
April 2020 statistics on women judges.
(Disadvantages of the Judiciary)
P-BAME (Black, Asian and minority ethnic)representation in the judiciary is still low.
Dev/I/E):
Development:
Although improving, only 8% of court judges in 2020 were from a BAME background.
Development: Some argue this is due to a lack of role models in the senior judiciary, fewer mentoring opportunities, and less encouragement for BAME lawyers to apply.
Impact:
Minorities are still under-represented, which can reduce public confidence.
Example:
April 2020 BAME judge statistics.
(Advantages of the Judiciary)
P-Judicial independence protects individual liberty from government abuse.
(Dev/I/E):
Development:
If the government controlled judges, it could imprison opponents without fair reasons. Judicial independence ensures fairness under the rule of law.
Impact:
Public respect and confidence in the legal system are maintained.
Example:
Protection from executive power abuse in a democracy.
(Advantages of the Judiciary)
P-Judicial independence means judges cannot be forced to resign by the government.
(Dev/I/E):
Development:
Judges often review government actions and must feel free to rule against them without fear.
Impact:
Ensures that judges can fairly check government power through judicial review.
Example:
Judicial review cases where decisions are made without political pressure.
(Advantages of the Judiciary)
P-Judicial independence ensures impartial decisions based only on evidence and law.
(Dev/I/E):
Development:
Judges must not be influenced by the state, media, powerful individuals, or companies.
Impact:
Maintains fairness and justice in individual cases.
Example:
Judges basing decisions solely on court evidence, free from interference.