3: Advantages and disadvantages of the judiciary

Question 1

Advantage 1

Answer 1

Independence from the executive and the legislature under the doctrine of powers, a key principle of the UK constitution which provides a system of checks and balances.

Question 2

Advantage 2

Answer 2

The judiciary is becoming more representative of society in terms of gender and ethnicity.

Question 3

Advantage 3

Answer 3

Judges are experienced legal experts who have spent many years working as barristers or lawyers. They also pass a difficult selection process.

Question 4

Advantage 4

Answer 4

Judicial precedent allows judges to develop and change the law for the better through making case law. Marital rape made illegal in 1991.

Question 5

Advantage 5

Answer 5

Training of judges is very effective in producing high quality, independent judges. Induction programme for 3-5 days. Lower new levels get an experienced mentor.

Question 6

Disadvantage 1

Answer 6

Judges have too much freedom. Virtually impossible to remove a judge for poor performance or even misconduct. Superior judges can only be removed by monarch. Immunity from suit is unfair.

Question 7

Disadvantage 2

Answer 7

Room for improvement in terms of gender, ethnicity and class of judges. 11 of 12 Supreme Court judges were educated at Oxbridge.

Question 8

Disadvantage 3

Answer 8

Narrow background of judges. Superior judges are usually white, wealthy and male. £50,000 fine may be not lots to them but is lots to most people. Out of touch with society and normal people’s lives.

Question 9

Disadvantage 4

Answer 9

Judges can be inconsistent with decisions. Makes it confusing for lawyers when advising clients. Law making judges also unfair as it is undemocratic.

Question 10

Disadvantage 5

Answer 10

Training is insufficient compared to other countries. France- Can train from young to be a lawyer making them more qualified.