A-Level Edexcel Politics Relationships between the Branches: 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 it 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 human rights. Before 1998, Acts or any quasi-constitutional doctrines constrained judges’ ability to engage in judicial review.

Secondly, the introduction and perceived need for judges to be just as much a part of the legislative process as the legislature itself means that judges must accept a quasi-statutory function. Indeed, judges may now turn to the Convention for guidance: if legislation is ambiguous, why not improve that legislation by looking at the Convention? In a way that judges must engage with Parliament when interpreting legislation, ultimately leading them to engage with the executive.

These judicial powers are however, limited by the United Kingdom’s unwritten constitution. The judiciary must only act within the authority conferred by Parliament not drafted into legislation. If any legislation does not specifically confer powers, the judiciary would be unsurprising. At the same time, judges are not to act outside these powers if the principle of representative democracy is to prevail, particularly considering the ever-greater powers given to 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

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

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