Judiciary A03

Question 1

What are the 4 evaluative WDPs for the judiciary

Answer 1

Security of Tenure
Judicial Independence
Inadequate training
Lack of Diversity

Question 2

+P1: security of tenure - the govt cannot dismiss judges

Answer 2

ensures judges are more inclined to act purely in the facts and evidence = increased fairness

Question 3

+DP1: judges cannot be prosecuted for carrying out their judicial function or be sued for defamation

Answer 3

judges are free to act fairly and honestly - Sirros v Moore judge didn’t have to pay damages for an error

Question 4

-WDP1: judges are harder to remove

Answer 4

particularly in superior courts which is problematic as if the decisions are unfair they will end all the courts below = unfair

Question 5

+P2: judicial independence - judges salaries are protected

Answer 5

reduces corruption, judges are paid out of a consolidated fund without the need for parliaments approval = not likely to be acting to favour the govt

Question 6

+DP2: impartial and separate from other branches

Answer 6

upholds Sop, public confidence and rule of law

Question 7

-WDP2: judges not always impartial, some may be involved politically with pressure groups

Answer 7

Re:Pinnochet, the judge was found to have links to amnesty international

Question 8

-P3: judiciary lacks diversity

Answer 8

all from similar privileged backgrounds = judiciary not culturally competent which means bias could influence their practice

Question 9

-DP3: not representative of broader society

Answer 9

75% having studied at oxbridge - clear disparities with majority of the population = lack of public confidence as the judges are only from a small privileged minority

Question 10

-WDP3: despite 42% of judges now being women

Answer 10

they still mainly sit in the inferior judge
ALSO
no longer need full rights of audience to be a judge = solicitors becoming judges - may not be as effective

Question 11

-P4: Inadequate training

Answer 11

may lack experience = hinders the right to a fair trial

Question 12

-DP4: lack experience in certain areas of law

Answer 12

potential misdirections which can lead to delays and appeals which are lengthy and expensive = unfair on df

Question 13

-WDP4: public may lose faith In the justice system

Answer 13

as there is not a strong level of trust between the public and judges = problematic