Photo AI
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 free from bias (neutral)
Answer
Judges are considered free from bias for several reasons. First, judges are prohibited from engaging in political activities, such as promoting political ideas or joining a political party. Consequently, they do not and cannot advance political stances. Second, judges don't seek or court publicity, and their training instills a commitment to neutrality. Furthermore, their work is subject to strict scrutiny, which leads judges to adhere to impartiality.
Step 2
Judges not free from bias
Answer
Conversely, arguments exist asserting judges are not free from bias. Increasingly, judges are vocal about political issues and make comments on political matters. While judges may refrain from direct political activity, their rulings inherently carry political implications. Additionally, judges emerge from a narrow social background; thus, this lack of diversity can lead to limited empathy towards the broader population.
Step 3
Judges' independence from other branches of government
Answer
Judges are sufficiently independent from other government branches. They are appointed with minimal political interference, particularly in comparison to the U.S. Supreme Court. The role of bodies like the Judicial Appointments Commission enhances this independence. Additionally, judges enjoy security of tenure, meaning they cannot be dismissed for their decisions; they are subject only to the law, just like any citizen.
Step 4
Judges not sufficiently independent
Answer
However, evidence suggests that judges may not be entirely independent from other state areas. Government ministers have critiqued the judiciary, notably in cases involving Human Rights. Furthermore, the judiciary often aligns closely with the government in judicial review cases, indicating a potential compromise in their independence when deciding outcomes.