judges

    Cards (10)

    • advantages
      1. judges considered experts
      2. judges can protect citzens from abuse of power (judical indepdenace)
      3. they are required to be impartial
      4. improved in its diversity
      1. judges considered legal experts
      p- to be a judge must be a qualified lawyer for minimum of 5 years- usually longer
      e- 95% of superior court judges were barristers before and were practicing for decades
      e- good complex, delicate cases are handled with the most expernece and knowledge
      l- leads to just and right outcomes and more informed decisions in court
      c- however to be a judge you need to be in practice for a long time, many of them are old so out of touch
    • 2. judges can protect citzens from abuse of power
      p- they have judicial independence whcih freedom gives them the power to perform judicial review where they can review and go against decisions made by judges w/o fear of consequences
      e- in miller v uk the supreme court decided that the prime minister unlawfully suspended parliament which protected public as meant that parliament was able to scrutinise the brexit deal
      e- shows taht executive can be hold to an account and interfere where citizens can be subject to unfair laws
      c- however thsi judicial review may be wavered by government influence as parliament set retirement and pension rules of judges
    • 3. judges required t be impartial
      p- must have no connection to case at all, maintains judicial independence where tehy can make decisions soley the case independantly
      e- R pinocet case- retried as lord hoffman was director of the prosecuting party
      e- shows that decisions are free of influence and they are made fair and just
      c- can be risk of bias cause of lack of diversity
    • 4. improved in its diversity
      p- traditionally only white, male, upper/middle class
      e- 10% increase in female judges. 3% incraese in BAME judges
      e- moving towards judiciary that refelcts society and reduces biases
      c- still disproportionate amount of older, white men
    • disadvantages
      1. general age of judiciary
      2. lack of diversity, bame judges
      3. lack of gender quality, female judges
      4. question over judicial independence
    • p- The general older age of judiciary
      Many of them are old as practiced to be superior judges requires them to be lawyers first usually around decades
      e- 70% of judges are over 50
      e- A problem with this is judges may be out of touch
      With current issues which Can ead to unjust or unsatisfactory results
      c- But the amount of experience they have makes them legal experts
    • p- A problem is lack of diversity, low bame judges 
      Judiciary manly old, white, upper middle class males from similar socioeconomic backgrounds
      e- 10% of all judges were from bame backgrounds in 2022
      e- A problem because judges may lack understanding of cultural issues- there is also an issues of social mobility
      c- But this has improved over the last few years with a 3% increase 
    • p- Lack of gender equality, low number of female judges
      Usually upper- middle class old white men where when appointing judges this usually goes to a man 
      e- 35% of all judges in 2022 are female
      e- Judges may lack understanding of gender based issues
      c- Howewer this has improved over the last few years- 10% increase 
    • p- Question over whether judges truly have judicial independence 
      These are the ways for the executive and legislature to influence a judge- not directly 
      E.g parliament are able to change the law on how judges are qualified, appointed, pension rules and retirement 
      A problem because there is an indiret incentive for judges to keep parliament happy
      However they are measures to ensure independence such as paid by an independent body 
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