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Evaluate the view that the Supreme Court operates with sufficient judicial independence and neutrality - Edexcel - A-Level Politics - Question 2 - 2022 - Paper 2
Question 2
Evaluate the view that the Supreme Court operates with sufficient judicial independence and neutrality. In your answer you should draw on relevant knowledge and und... show full transcript
Worked Solution & Example Answer:Evaluate the view that the Supreme Court operates with sufficient judicial independence and neutrality - Edexcel - A-Level Politics - Question 2 - 2022 - Paper 2
Step 1
Points in Agreement
Answer
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Separation of Powers: The passing of the Constitutional Reform Act in 2005 created a distinct separation of powers, enhancing the judicial independence of the Supreme Court.
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Judicial Independence: Ministers are committed to upholding the principle of judicial independence, limiting the ways in which judges can be influenced by political engagement.
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Judicial Neutrality: Supreme Court judges adhere to the principle of judicial neutrality, reinforcing that they must practice this to maintain public confidence in their impartiality.
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Diversity: The Supreme Court is becoming more diverse, which promotes a clearer impression of neutrality within the Court.
Step 2
Points in Disagreement
Answer
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Criticism of Judicial Independence: Critics argue that the role of the Lord Chancellor undermines judicial independence, as appointments to the Supreme Court can be influenced by political considerations.
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Lack of Accountability: There is concern regarding the growing scrutiny of judges based on media representation, raising questions about their independence from public sentiment.
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Bias Allegations: The Supreme Court judges are occasionally accused of being biased, which challenges the overall perception of their neutrality and independence.