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Evaluate the view that the Supreme Court operates with sufficient judicial independence and neutrality - Edexcel - A-Level Politics - Question 2 - 2022 - Paper 2
Question 2
Evaluate the view that the Supreme Court operates with sufficient judicial independence and neutrality. In your answer you should draw on relevant knowledge and und... show full transcript
Worked Solution & Example Answer:Evaluate the view that the Supreme Court operates with sufficient judicial independence and neutrality - Edexcel - A-Level Politics - Question 2 - 2022 - Paper 2
Step 1
Points in Agreement
Answer
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Creation of a Separate Judiciary: The passing of the Constitutional Reform Act in 2005 established a clearer separation of powers by creating the Supreme Court, allowing for greater independence from Parliament and establishing guidelines to protect judicial independence.
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Judicial Neutrality and Accountability: The Supreme Court judges adhere to the principle of judicial neutrality, ensuring that they maintain public confidence by avoiding political bias, and conduct a transparent and accountable judicial process.
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Diversity in the Supreme Court: The increased diversity among Supreme Court judges fosters an impression of neutrality, as varied backgrounds and experiences contribute to balanced decision-making.
Step 2
Points in Disagreement
Answer
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Limited Role of the Lord Chancellor: The role of the Lord Chancellor, which previously held significant judicial power, is now primarily ceremonial, potentially undermining judicial independence by limiting checks on judges' decisions.
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Perception of Bias: Critics argue that the Supreme Court judges may still exhibit bias due to media scrutiny and public opinion, thus affecting their impartiality.
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Concerns Over Judicial Accountability: The emergence of a growing willingness for judges to engage with the media raises concerns over the character of judges and their ability to remain unbiased, which could influence public perception of judicial neutrality.