Chapter 3 Evaluation Flashcards
DISADVANTAGE of the judiciary
Point: One main criticisms of the judiciary is that it is dominated by White, middle-class men
Evidence: On April 1st 2020, 76%of judges were over the age of 50/ 40% over the age of 60
Explain: This means they are out of touch with current issues and the concerns of those appearing in front of them
Link: This is a disadvantage because there is a lack of social awareness , modern society and developing areas of law
Counter: however, it can be argued that they have maturity and experience.
DISADVANTAGE of the judiciary
Point: There is an alarming lack of women in the judiciary system, especially at a superior level
Evidence: On April 1st 2020, 32% of all court judges were women and only 26% of superior level judges were women.
Explain: Some male judges may lack awareness of women’s issues and some men wont understand why women commit certain crimes.
Link: This is a disadvantage because it is not representative as there should be an equal split and women will feel un represented.
Counter: However, there is an increasing number of women in the judiciary due to the open and competitive method of selection. It is also due to an increasing number of female barristers and solicitors and so there is more possible applicants for judicial posts.
ADVANTAGE of the judiciary
Point: there has been an increase over the past twenty in BAME representation.
Evidence: On the 1st April 2020, 8 % of all court judges came from a black, Asian and minority ethnic backgrounds.
Explain: The system of selection by judicial Appointments Commission has led to improved diversity in the judiciary. This can be seen by comparing the percentage of women and ethnic minority judges now with those in the past
Link: Increase in BAME representation means a wider range of social awareness and reduced narrow- minded views. It is also more representative of UK society.
Counter: However, judges from a BAME background are still a minority, 8% is very low. Some white judges may not be able to relate to certain social implications.
DISADVANTAGE of the judiciary
Point: In many European countries, becoming a judge is a career choice made by students once they have their basic legal qualifications. They will usually not practice as a lawyer first, but instead are trained as judges. Once they have qualified as a judge they will sit in junior posts and then hope to be prompted up the judicial ladder.
Explain and evidence: This has two distinct advantages over the system used in the UK. The average age of judges are much lower in this system, In the UK, most recorders are in their 30s .
Link: This is an advantage in those other countries because judges have more training in the specific skills they need as judges. Also, there is an increase in social awareness and younger judges are more in touch with developing areas of law such as technology.
Counter: This can be seen as a disadvantage because those young recorders lack experience compared to older judges.
ADVANTAGE of judicial independence
Point: An independent of the judiciary is seen as important in protecting the liberty of the individual from abuse of power by the executive
Explain: If a government could make judges decide the way it wanted, this could lead to opponents of the government being imprisoned without reasonable cause. A government needs to value and abide by the rule of law in order to command the respect and confidence of the electorate.
Link: This is an advantage because it upholds the separation of powers. Meaning there is less likelihood of corruption and abuse of power.
ADVANTAGE of judicial independence
Point: Judges can rule against governmental or powerful interests without fear of repercussions.
This leads to better compliance with the rule of law, which is essential for democracy.
Evidence: In judicial review cases, judges often have to decide if an act or decision by a government department is reasonable. It is important that the judges can carry out this function without fear of repercussions.
Explain: It is an advantage of judicial independence that a government can not force a judge to resign if that judge makes a decision with which the government of the day disagrees.
ADVANTAGE of judicial independence
Point: It is an advantage of judicial independence that judges are and are seen to be, impartial in their decisions. It is vital that each judge is able to decide cases solely on the evidence presented in court by the parties and in accordance with the law.
Explain: Judges must be free to exercise their judicial powers without interferences from the state, the media or powerful entities , such as large companies.
4 main advantages of judicial independence:
- those involved in a case see that the judge is not subject to any influences - their decisions are made only on the facts and law
- ordinary citizens are protected against unlawful acts of government who must act lawfully at all times
- The public have confidence in the judicial system
- Upholds separation of powers
