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With reference to the source and your own knowledge, explain how the Human Rights Act has changed the role of judges. - Edexcel - A-Level Politics - Question 1 - 2017 - Paper 2
Question 1
With reference to the source and your own knowledge, explain how the Human Rights Act has changed the role of judges.
Worked Solution & Example Answer:With reference to the source and your own knowledge, explain how the Human Rights Act has changed the role of judges. - Edexcel - A-Level Politics - Question 1 - 2017 - Paper 2
Step 1
Expanded Role as 'Law Makers'
Answer
The Human Rights Act (HRA) has significantly expanded the role of judges by allowing them to act as 'law makers.' This is evident as judges can now invoke the HRA to amend statutes that are found to be incompatible with its provisions. Such powers place judges in a position where they must weigh legal standards against human rights considerations.
Step 2
Informing Parliament about Incompatibilities
Answer
Judges are now required to inform Parliament when they identify legislation that is incompatible with the HRA. This procedural change emphasizes the judges' role in safeguarding human rights and ensures that Parliament is aware of potential conflicts between existing laws and human rights obligations.
Step 3
Engagement in Moral and Political Issues
Answer
The HRA has required judges to engage in areas such as moral and political issues, where they previously had limited involvement. For instance, judges are now responsible for adjudicating cases that reflect profound social values and ethical dilemmas, thereby adapting to the changing norms within society.
Step 4
Increased Use of Judicial Review
Answer
The HRA has led to an increased frequency of judicial review applications, allowing judges to examine and potentially overturn decisions made by public authorities. This heightened vigilance reinforces the judiciary's power in maintaining checks and balances and ensuring compliance with human rights standards.
Step 5
Enhanced Individual Rights in UK Courts
Answer
With the HRA in force, judges have become pivotal in protecting individual rights within UK courts. The Act provides a framework through which judges can address and protect the rights of individuals against state actions, creating a more accessible legal environment for seeking justice.
Step 6
Judicial Activism and Public Engagement
Answer
Finally, the HRA has catalyzed increased judicial activism. Judges are more willing to engage with the public and the media concerning judicial decisions, thereby enhancing transparency and accountability within the judicial system. This evolution marks a shift towards a more proactive judiciary that reflects societal values.