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With reference to the source and your own knowledge, explain how the Human Rights Act has changed the role of judges. - Edexcel - A-Level Politics - Question 1 - 2017 - Paper 2

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With reference to the source and your own knowledge, explain how the Human Rights Act has changed the role of judges.

Worked Solution & Example Answer:With reference to the source and your own knowledge, explain how the Human Rights Act has changed the role of judges. - Edexcel - A-Level Politics - Question 1 - 2017 - Paper 2

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Explain how the Human Rights Act has changed the role of judges

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The Human Rights Act (HRA) has significantly altered the landscape of judicial responsibilities in the UK. One critical change is the expansion of judges' roles as 'law makers.' Under the HRA, judges are empowered to amend statutes to ensure compatibility with human rights. This means they have a duty to interpret existing laws in a manner that aligns with the HRA, promoting a more active engagement in legislative matters.

Additionally, judges now have the responsibility to inform Parliament when certain legislation may conflict with the HRA. This obligation fosters greater accountability within the legislative process and encourages Parliament to consider human rights implications in its law-making.

Furthermore, the HRA has necessitated that judges engage in areas of law that they may not have traditionally dealt with, such as moral and political issues. This has broadened the scope of discussions within judicial proceedings, creating a more dynamic role for judges.

Judicial review has also gained prominence as a result of the HRA. Judges increasingly apply judicial review to address decisions made by public bodies, offering individuals a greater avenue for recourse when their rights may have been infringed upon. This increase in judicial activism reflects a deeper willingness to engage with the public and the media in order to consider the implications of judicial decisions.

In summary, the HRA has transformed judges from passive arbiters of the law to active participants in shaping it, ensuring that human rights considerations are at the forefront of judicial proceedings.

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