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To what extent are judges better guardians of rights and civil liberties than Parliament or the executive? (Total for Question 4 = 40 marks) - Edexcel - A-Level Politics - Question 4 - 2016 - Paper 2
Question 4
To what extent are judges better guardians of rights and civil liberties than Parliament or the executive? (Total for Question 4 = 40 marks)
Worked Solution & Example Answer:To what extent are judges better guardians of rights and civil liberties than Parliament or the executive? (Total for Question 4 = 40 marks) - Edexcel - A-Level Politics - Question 4 - 2016 - Paper 2
Step 1
Judges and the Rule of Law
Answer
Judges function under the rule of law, meaning that they are guided by laws rather than individual discretion. This principle underpins their authority to protect rights and civil liberties through legal mechanisms such as the Human Rights Act and prior legal precedents. By emphasizing the importance of adherence to established laws, judges can act to defend individuals against potentially arbitrary actions by the executive or legislative branches.
Step 2
Independence from Government
Answer
Judges are independent of both Parliament and the executive, an essential factor in their ability to uphold civil liberties. This independence allows them to make rulings that may not align with the current political climate or government policies, thereby protecting individuals from potential abuses by politically motivated entities. In contrast, Parliament often acts with partisan motivations.
Step 3
Perception of Bias
Answer
Despite their independence, judges are sometimes viewed as being politically biased or influenced by social factors. This raises the question of their impartiality in comparison to Parliament, which is also accused of political bias. Nonetheless, judges may still provide a more focused safeguard against rights violations, especially in cases where Parliament has overstepped its bounds.
Step 4
Parliament's Role
Answer
On the other hand, Parliament is deemed to possess legitimate authority as it enacts law and represents democratic will. The legislative process can address grievances and modify laws to better protect rights and liberties. Additionally, Parliament’s broader scope might allow it to effect change more rapidly than judicial review, which is inherently a reactive process.
Step 5
Conclusion
Answer
While judges serve as vital guardians of civil liberties through their independence and commitment to the rule of law, the actions of Parliament and the executive cannot be dismissed. Both have distinct roles in safeguarding rights, each with its strengths and weaknesses. Ultimately, the effectiveness of either institution may depend on the context and specific rights in question.