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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
To what extent are judges free from bias (neutral)?
Answer
Judges are often argued to be free from bias due to several factors:
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Political Activity: Judges cannot actively participate in political activities or join political parties, which helps them maintain neutrality. Their professional conduct prohibits promoting political ideas.
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Court Publicity: Judges do not seek publicity for their rulings or decisions, further cementing their impartiality.
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Legal Training: They undergo extensive legal education, and their work is subject to scrutiny, reinforcing their commitment to neutrality.
However, arguments against this viewpoint include:
- Judges increasingly make comments on political issues, indicating their engagement with politics.
- Even if judges do not engage in formal political activity, their rulings can still possess a political nature.
- The narrow social backgrounds from which many judges come may lead them to empathize less with ordinary citizens, impacting their objectivity.
Step 2
and sufficiently independent from other branches of government?
Answer
Judges are considered sufficiently independent from other government branches for several reasons:
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Appointment Process: They are appointed with minimal political interference, especially compared to systems like the US Supreme Court. The Judicial Appointments Commission plays a role in this process.
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Job Security: Judges enjoy security of tenure, meaning they cannot be dismissed for their decisions, which allows them to act independently without fear of political reprisal.
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Decision-Making: The decisions made by judges typically do not provoke direct criticism from MPs and peers, creating an environment of independence during judicial proceedings.
Conversely, critics argue that:
- Government ministers have publicly criticized the judiciary, especially in sensitive areas like Human Rights.
- Often, the judiciary appears to collaborate too closely with the government in certain decisions, particularly in Judicial Review cases, undermining their independence.