A-Level Edexcel Politics Prime Minister and Executive: With reference to the source, ou

Question

With reference to the source, outline three reasons why judges are now subject to greater scrutiny.

Judges and Civil Liberties
The work of judges is subject to scrutiny more than ever before; our work is now being discussed far more by politicians, journalists and indeed members of the public. This is because judges are being asked to determine more public policy issues, with the growth of judicial review, human rights, EU treaty matters and the ever-increasing power of the executive. There is a consequent need for a judiciary which protects citizens from administrative abuses and maintains the rule of law.

The impact of the Human Rights Act 1998 has been revolutionary. It has inevitably heightened tensions in judicial decision-making. The 1998 Act is a command by Parliament to the judiciary to 'make law' in areas in which the judiciary has traditionally been reluctant to intervene or even prohibited from intervening.

The effect of the 1998 Act is, in summary terms, threefold. Firstly, judges are now called upon more frequently to rule on political issues, given that is what human rights involves. This means that we have to engage in a review of the merits of any decision or action which impinges on an individual's rights. Before 1998 Act, our role was to interpret statute within its function, to make judgements based on the legal-statute-writing function, but now judges must compare with the Convention's costs. If legislation is not in compliance, judges must tell Parliament what it has made the change to comply with, with one exception: if it has legislative competence.

These judicial powers are held by the United Kingdom as they were conferred by Parliament not directly to judges and certainly not to the government (i.e. an almost entirely separate entity). Therefore, judicial review would be unsurprising. At the end of the day, judges have to exercise these powers given the constitution has for long been an evolving instrument considering the ever-greater powers over the executive branch of government.

With reference to the source, outline three reasons why judges are now subject to greater scrutiny - Edexcel - A-Level Politics - Question 1 - 2017 - Paper 2

Worked Solution & Example Answer:With reference to the source, outline three reasons why judges are now subject to greater scrutiny - Edexcel - A-Level Politics - Question 1 - 2017 - Paper 2

Outline three reasons why judges are now subject to greater scrutiny

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