5 Marks Judiciary

Question 1

Explain one strength of judicial inquiries

Answer 1

One strength of inquiries is the media attention that they bring.
This is a strength as it makes it harder for the government to ignore inquiries as their findings are publicised causing the government to enact more recommendations.
For example, the stephen Lawerence inquiry resulted in 67 out of 70 recommendations being implemented due to the high publicity of the case.

Question 2

Explain one strength of judicial reviews

Answer 2

One strength of reviews is the media attention that they bring.
this is a strength as it better scrutinises the government as their findings are publicised as it is an open process allowing for higher media attention on government failures.
For example, the Miller vs brexit review gained high publicity allowing the media to better hold the executive to account over their failures as boris johnson was ruled as being unlawful in 2019

Question 3

Explain one weakness of judicial reviews

Answer 3

Judicial reviews can be expensive with a fee of £140 with the review needing to be applied for within 3 months of the decisions which is being appealed against.
This causes a weakness as many people will avoid applying for reviews due to the time restriction on obtaining the fee incase they nothing comes of it.

Question 4

Explain one weakness of judicial inquiries

Answer 4

One weakness is that the government is in full control of these inquiries and can choose whether or not the implement inquiries.
this causes a weakness as the government can ignore recommendations causing a lack of scrutiny.
for example, it took 10 years for recommendations from the stephen lawrence inquiry to be implemented.

Question 5

Explain one way independence of the judiciary is maintained

Answer 5

One way independence is achieved is through the security of tenure in the 1707 act of settlement and pay for judges. this created independence as judges can be threatened with removal over decisions and wont be sided with one party allowing them to remain independent of political influence with money or jobs.

Question 6

Explain what is meant by judicial independence

Answer 6

This is the principle where actions and decisions of judges aren’t influenced by pressures from other branches of government and that the judiciary wont be act on bias decisions due to partisan interests with parties.
Judicial independence allows for the separation of powers to be upheld allowing a better check on the executives powers. This independence has been insured through the 1998 human rights act allowing judges to use judicial precedent to make decisions clearing ambiguity in rulings.