A-Level Edexcel Politics Parliament: With reference to the source, ou

Question

With reference to the source, outline three reasons why judges are now subject to greater scrutiny.

Judges and Civil Liberties
The work of judges is subject to scrutiny more than ever before; our work is now being discussed far more by politicians, journalists and indeed members of the public. This is because judges are being asked to determine more public policy issues, with the growth of judicial review, human rights, EU treaty matters and the ever-increasing power of the executive. There is a consequent need for a judiciary which protects citizens from administrative abuses and maintains the rule of law.

The impact of the Human Rights Act 1998 has been revolutionary. It has inevitably heightened tensions in judicial decision-making. The 1998 Act is a command by Parliament to the judiciary to 'make law' in areas in which the judiciary has traditionally been reluctant to intervene or even prohibited from intervening.

The effect of the 1998 Act is, in summary terms, threefold. Firstly, judges are now called upon more frequently to rule on political issues, given that is what human rights involve. This means that we have to engage in a review of the merits of any decision or action which impinges on an individual's fundamental rights. Before 1998 Act, for a judge to actually make a ruling in an area which could impact upon the legal-statute-written function, the judges' role was much more restricted. Secondly, the UK is now obliged to comply with the Convention's terms: if legislation is deemed to violate Convention rights, judges must tell Parliament where it has come up short, and with one exception, they will be obliged to act accordingly.

These judicial powers are bestowed upon the United Kingdom by virtue of the rights conferred by Parliament not detained to many more established countries (i.e. an established legal framework). To remove these powers would be unsurprising. At their essence, judges are required to exercise their powers as they see fit, while also responsibly considering the ever-greater powers roceive of the executive branch of government.

With reference to the source, outline three reasons why judges are now subject to greater scrutiny - Edexcel - A-Level Politics - Question 1 - 2017 - Paper 2

Worked Solution & Example Answer:With reference to the source, outline three reasons why judges are now subject to greater scrutiny - Edexcel - A-Level Politics - Question 1 - 2017 - Paper 2

Identify the Increasing Public Discussion

The Growth in Judicial Review

The Introduction of the Human Rights Act

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