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To what extent are judges free from bias (neutral) and sufficiently independent from other branches of government? - Edexcel - A-Level Politics - Question 1 - 2017 - Paper 2
Question 1
To what extent are judges free from bias (neutral) and sufficiently independent from other branches of government?
Worked Solution & Example Answer:To what extent are judges free from bias (neutral) and sufficiently independent from other branches of government? - Edexcel - A-Level Politics - Question 1 - 2017 - Paper 2
Step 1
Judges' Neutrality and Lack of Bias
Answer
Judges are often perceived as free from bias due to various structural elements in their roles. Firstly, judges cannot participate in political activity or join political parties; this restriction inherently limits their ability to promote political ideas or take political stances. Moreover, judges do not seek or court publicity, which further contributes to their neutrality. They are trained professionals whose work is scrutinized for bias, thereby fostering a culture of neutrality in their decision-making.
Step 2
Judges as Political Actors
Answer
Contrarily, some argue that judges are not entirely free from bias. Increasingly, judges have begun to comment on political matters, indicating a potential blurring of lines between judicial duties and political engagement. Furthermore, the decisions made by judges can reflect political considerations because rulings are often influenced by their backgrounds and personal beliefs, which introduces an element of bias.
Step 3
Independence from Other Government Branches
Answer
Judges are said to be sufficiently independent from other branches of government. Their appointment process involves minimal political interference, especially in contrast to the United States where political influence is more pronounced. The Judicial Appointments Commission plays a crucial role in this aspect. Additionally, judges enjoy security of tenure; they cannot be dismissed for their rulings, which reinforces their independence and allows them to execute justice impartially.
Step 4
Potential Lack of Independence
Answer
On the other hand, there are arguments that judges may not be sufficiently independent from other state branches. Recently, government officials have been vocal in criticising the judiciary, particularly regarding human rights issues. Moreover, the judiciary often finds itself in contention with the government, as seen in Judicial Review cases, which may indicate a compromised independence.