evaluation of the judciary

Cards (11)

  • One of the main criticisms in the past of the judiciary is that it is dominated by elderly, white, upper-class males who are as such out of touch with current issues and the concerns fo those appearing in front of them.
  • in april of 2020, 32 peecent of all court judges were women and 216 percent of superior level jduges were women
  • the increasing number of judges who are women is partly due to the open and competitive method of selection, but also partly due to the fa ct that there is an increasing number of female barristers and solicitors and so more possible applicants for a judicial pose.
  • the system of selection by the judicial appointments commission has led to improved diversity in the judiciary. this can be seen by comparing the percentage of women and ethnic minority judges now with the past
  • the fact that law students are trained to be judges, and hope to be promoted up the judicial ladder has two distinct advantages:
    1. the average age of judges is much lower, especially in the lower ranks where judges will be in their 20s.
    2. judges will have had far more training in the specific skills they need to be a judge
  • In many other european countires, becoming a judge is a career choice made by students when they have their basic legal qualifications. they will usually not practice as a lawyer first but instead ar e trained as judges. once qualified as a judge, they will sit in junior posts and hope to be promoted up the judicial ladder.
  • an independent judiciary is seen as important in protecting the liberty of the individual from abuse of power by the executive. if a government could make the judges decide the way it wanted, this could lead to opponents of the government being imprisoned without reasonable cause.
  • A government needs to value and abide by the rule of law in order to command the respect and confidence of the electorate. an independent judiciary is vital in a democracy.
  • It is an advantage that a government cannot force a judge to resign if that judge makes a decision with which the government of the day disagrees. In a judicial review, the judge will have to decide if an act or decision made by a government department is reasonable. it is important that the judges can carry out this function without fear of repercussions.
  • It is an advantage of judicial independence that judges are seen to be impartial in their decisions. it is vital that each judge is able to decide cases solely on the evidence presented In court and in accordance with the law.
  • Judges must be free to exercise their judicial powers without interference from litigants, the state, the media, powerful individuals or entities such as large companies.