Photo AI
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
-
Judicial Independence: The passing of the Constitutional Reform Act in 2005 established a clear separation of powers. This reform created the Supreme Court, which helps to ensure that the judiciary is independent of political interference and protects its neutrality.
-
Judicial Conduct: The Supreme Court practices judicial neutrality, where judges ensure their decisions are based on law rather than personal biases. This adherence is crucial for maintaining public confidence in the judicial system.
Step 2
Points in Disagreement
Answer
-
Criticism of Judicial Independence: A significant critique of judicial independence in the UK is the limited power judges have due to the strict separation of powers. This limits their ability to engage in political matters effectively.
-
Judicial Accountability: The role of the Lord Chancellor prior to 2009 demonstrated that judicial appointments were not fully independent, raising concerns about the overall neutrality of the Supreme Court.