'The only reason that judges are effective law-makers is because they do not have to worry about being re-elected.' Do you agree? Give reasons for your answer. - VCE - SSCE Legal Studies - Question 6 - 2017 - Paper 1

In examining the statement regarding judges as effective law-makers, I find myself in partial agreement. While the lack of electoral pressure does contribute significantly to the independence and effectiveness of judges in crafting law, it is not the sole reason for their efficacy.

First, judges operate within a framework of established laws and precedents. Their decisions often hinge on previous rulings and established legal principles, enabling them to make informed rulings that reflect societal values. This context allows judges to function effectively within the law without external pressures.

Moreover, the lifetime tenure or long-term appointment of judges can foster a sense of stability and continuity in law-making. This independence allows judges to focus on justice and the application of law instead of worrying about public opinion or electoral repercussions, which can lead to more consistent and fair interpretations of the law.

However, it is also essential to recognize that judges are not entirely disconnected from societal influences. Community standards and values often shape the interpretation of laws, leading judges to consider the public interest even if they are not directly held accountable to voters. Thus, while the lack of re-election is a significant factor, it is one of many facets that contribute to the effectiveness of judges as law-makers.

In conclusion, while the assertion holds validity, the effectiveness of judges as law-makers is also bolstered by their reliance on legal precedent, their degree of independence, and the impact of societal values.