LEGAL PERSONNEL - JUDICIARY 12 MARKERS PAPER 1

Question 1

Advantages of judiciary

Answer 1

judges will be experts in their field
judges are able to ensure individuals are protected from the state
judiciary are meant to be impartial
judiciary has improved its diversity

Question 2

judges will be experts in their field

Answer 2

because to become a judge - -must have been qualified and practicing law for at least five or seven years. 95% of superior court judges were barristers, and have been in practice for decades. This means that cases are being handled by with the most experience and knowledge, which should lead to the right outcomes. However, most judges are also quite old due to this experience, which may make them out of touch.

Question 3

judges are able to ensure individuals are protected from the state

Answer 3

this is because of judicial independence allowing judges to review decisions from Government ministers without fear of losing their job or financial consequence if they do not side with the minister. in ATB v Aylesbury Mushrooms, judges were able to find against the minister rather than allowing him to ignore those affected by the law. This ensures the Executive are held to account and that citizens are protected from unfair laws. However, judges’ qualification. retirement and pension rules can be decided by Parliament, potentially giving them an influence.

Question 4

judiciary are meant to be impartial

Answer 4

This is because judges are independent, do not risk being sued during their duties, and cannot have any connection to the case that they are hearing. Re Pinochet had to be retried due to one of the original Lords being connected to the case. This means that decisions should be made free of any outside influence, meaning fairness. However, there is still a risk of bias due to the lack of BAME representation in the judiciary.

Question 5

judiciary has improved its diversity

Answer 5

This is because the classic makeup of the judiciary has changed over time. Over the last ten years, there has been steady improvement to the gender and BAME representation. 10% increase in female judges and a 3% increase in BAME judges. positive because it better reflects the make up of society, goes some way towards reducing any bias in the system, and allows for social mobility. However, there is still a disproportionate amount of male judges and so society is not full reflected by the judiciary.

Question 6

Disadvantages of judiciary

Answer 6

general age
BAME representation
disproportionate amount of male judges
doubtful whether the judiciary are truly independent

Question 7

general age

Answer 7

This is because qualification to be a judge requires many years of legal practice, and more senior judges often only get chosen after decades of practice. 70% of judges are over 50 years of age, and it is rare that anyone under 40 is ever appointed. problem because judges may be out of touch with current issues which may lead to less satisfactory outcomes in cases. However, the amount of experiences judges have makes them experts in their field.

Question 8

BAME representation

Answer 8

This is because the judiciary has often been seen as being dominated by elderly, white men from the upper class. In 2022, 10% of all judges were from BAME background, but only 5% of superior judges came from said background. problem because the judiciary may not have an understanding of cultural issues of many people in society when making decisions, and there may be an issue with social mobility. However, there have been improvements to the diversity of the judiciary over the last ten years.

Question 9

disproportionate amount of male judges

Answer 9

This is because, historically, it was more common for men to become solicitors or barristers than it was for women. And of those, men tended to more commonly appointed as judges. 35% of judges in 2022 were female, with 30% of superior court judges being female, does not reflect the gender split in society. problem because the judiciary may not be reflective of society when making decisions, and may be behind on enabling women to progress in law. However, as judges are meant to be impartial and disconnected from the case, there may not be so much bias.

Question 10

doubtful whether the judiciary are truly independent

Answer 10

there are some indirect ways that the Legislature and Executive may have hold over the judiciary. example, Parliament can change the law regarding how to qualify or be appointed as a judge, when they must retire, as well as the pension rules for their salaries. problematic because there is an indirect incentive for judges to keep Parliament happy, which may influence some of the decisions they make. However, there are many ways judges are kept independent, such as their independent salary.