To What Extent Are Judges Independent and Neutral'

In: Other Topics

Submitted By 09lsmith
Words 939
Pages 4
Judicial independence is concept that judges, in order to make fair decisions should be unaffected by government or any parliamentary pressures. They should be free from any influence from the executive and legislature. Similarly judicial neutrality is the idea that judges must put aside any personal bias in the courtroom and they must conduct themselves in an impartial way inside and outside the court. Judicial neutrality and independence are not only important to make fair and just decisions but they are also crucial to uphold democracy.

There are many ways in which judges can be seen to uphold their judicial independence. The very fact that judges are unelected, are not members of political parties thus upholding law not politics and are not trained by the government show that as far as politics is concerned the judges are very much removed. On the other hand although they are not directly involved in politics this does not mean that judges cannot hold political views, in fact most judges tend to hold politically conservative views. Furthermore it is almost impossible for judges to stay out of politics in its broadest sense. Every judgement can be seen as a political statement, this can be seen clearly in the case of Gillick, which showed that it is difficult for them to stay out of politics when they poses the power to make new laws. Politically judges are as far removed as possible, it would be difficult to find any other alternatives without removing judges rights to have political opinions altogether.

In order to keep judges out of touch with parliament, judges are paid from the consolidation fund. This is a sum of money that is the judges salary, hidden from parliaments eyes. In order to reduce the risk of parliamentary bribery, parliament cannot look or know how much each judge us paid. Also protecting judges is the 1701 Act of Settlement stating that…...

Similar Documents

Independent Learning Is the Most Effective Method of Study. to What Extent Do You Agree?

... Independent Learning is the most effective method of study. To what extent do you agree? Table of Contents Abstract...............................................................................................................................3 Introduction.........................................................................................................................4 Advantages of Independent Learning ..............................................................................5 Disadvantages of Independent Learning..........................................................................6 Conclusion..........................................................................................................................7 References.........................................................................................................................8 Abstract In most cases students find it hard to transition to more of an independent learning that is required in Higher Education. This is because there previous studies involved a more hands on approach from there learning staff that were there to help and explain every aspect of there program. Higher Education studies requires them to take there learning in there own hands, to be more self-directed, to make decisions about what they will focus on......

Words: 1309 - Pages: 6

To What Extent Italy Caused Ww1

...tAccess to History Online Edexcel Unit 1 – E3/F3 The Collapse of the Liberal State and the Triumph of Fascism in Italy, 1896–1943 Edexcel – AS GCE Unit 1: Historical Themes in Breadth Option E and F E3/F3 The Collapse of the Liberal State and the Triumph of Fascism in Italy, 1896–1943 General Advice for Unit 1 General Advice for Unit 1 Approaching Unit 1 Unit 1 answers require you to produce a reasoned, analytical essay that comes to a judgement as to extent, significance, importance etc. To reach a Level 5 answer of 25–30 marks you need to write an evaluative or integrated essay that answers the essay question set, showing direct understanding and backed up by detailed, accurate supporting evidence spread across the time period specified. You will almost certainly need to achieve at least one High Level 4 and a Level 5 answer to gain an A grade. Most candidates produce an essay which provides some of the above qualities but not all, achieving at least Level 3 (starting at 13 marks). You will almost certainly need to produce two Level 3 answers to gain an E grade. The key to gaining a good grade is to try to produce an essay with all the required qualities. However, before you can write your essay it is essential that you know your topic. In the specification (exam guidelines) each topic is divided into four bullet points across a specified period of time. You need to revise all the information for your topic because the questions asked can be about the whole......

Words: 9843 - Pages: 40

To What Extent Is Csr Beneficial to a Company’s Performance?

...To what extent is CSR beneficial to a company’s performance?           The area of corporate social responsibility has been laid great emphasis recent year. Corporate social responsibility means a company concerns its business operations in an environmental-friendly way and interacts with its shareholders and customers voluntarily (Commission of the European Communities, 2001, as cited in Dahlsrud, 2008). Nowadays a large quantity of international companies have issued their CSR report and designed separate websites about their CSR performance in order to run a better business. However, opponents believe the relationship between CSR and company’s performance is neutral (Aupperle, Carroll, & Hatfield, 1985) and CSR’s benefit to a company’s performance is not obvious. As a matter of fact, even CSR performance can’t be measured easily and numerically in most cases, its benefit to a company’s performance is significant. In this paper, the elaboration will cover three most important dimensions: brand value enhancement, employee attraction and consumer relationship nurturance. To begin with, brand value will be enhanced by CSR performance. The study result of Melo and Galan (2011) shows that CSR has a positive impact on brand value. They chose a group of American corporates as target. Meanwhile, they set CSR and brand value as control variables and build a model to set up a connection between them. The numerical result shows the positive correlation of CSR......

Words: 1226 - Pages: 5

Discuss the Extent to Which Judges Do Create and Develop the Law.

...Discuss the extent to which judges do create and develop the law. Nowadays, law is not strange with all people. Similarly, almost people know the importance of judges. However not at all people can understand clearly how judge impact on creating and develop law. The purpose of this essay is providing some clear information and helping some people recognize the role of judges. To understand the role of judge, people should know who judges are or what they do. Firstly, judges are people who supervise a court of law. Exactly, the role of a judge depends on what country that judge works in, and what kind of court they preside over. Judges must be fair and honest. They must make decisions and give guidance based on the most authentic to the law, even if he or she does not personally agree. Because of this, the job of a judge is very important (Kagan, 2010). Next topic is the role of judges in creating law. With the assumption that the positive law has limits and sometimes the judges are supposed to expand its borders, people must understand what a positive law is, why it has limits and why and how a judge can change the and expand the law when it is necessary. The positive law mean the law that is sanctioned by the Parliament and Legislature, produced by legitimate and democratically elected representatives, systematized and accepted by the society. In democratic societies and countries, this law is a result of the work of elected officials and it reflects the political......

Words: 1110 - Pages: 5

To What Extent Is British Education Fair

...“To what extent is the British education system fair?” In this essay I will be discussing, how fair the British education system is. I will be considering factors such as social class, ethnicity and gender. These factors will allow me to come about with a just opinion. The child’s parent’s occupation has a huge impact on the child’s success through the education system. Initially if the parents are middle class and occupy jobs like a Dentist or are owners of a business, there children are supposedly better off and will achieve better grades on average. However the fraction of people that are working-class and send their children to state school, unfortunately perform poorer than those children who attend private education. Also classes within private schools are more than half the size of classes inside state schools, allowing pupils to receive more attention from the teacher resulting in higher grades but this comes at an expensive price that would be very costly for working class parents. Furthermore there are other factors that could be affecting students from working-class backgrounds externally. For instance they may live in a council flat which does not provide a lot of privacy, causing disruptions when trying to complete revision or homework. These factors can subsequently effect there grades. In addition to this some ethnicities have an advantage from their cultural background, specifically Asians who have been taught constantly to work hard and study no matter...

Words: 308 - Pages: 2

To What Extent Is Theory of Mind Innate?

...To what extent is Theory of Mind innate? Critically discuss with reference to genetic, social and cultural evidence. Theory of mind refers to an individual’s ability to understand the mental states of others (Baron-Cohen, 1989b). According to Buttelmann et al. (2008) over the years; psychological practice has seen an increase in research, debating whether theory of mind is innate. This apparent increase stems from controversial standard false-belief tasks and its influence on a person’s ability to have an operative theory of mind (Chandler, Fritz & Hala 1989). The connotations of these standard false-belief tasks act as an indicator for specific age boundaries, in which children are meant to start attributing mental states to others, through their understanding of false belief (Perner and Ruffman, 2005; Fodor, 1992; Mitchell,1996). The implications of these standard false-belief tasks will steer this discussion to focus on the extent at which theory of mind can be considered as innate with reference to genetic, social and cultural evidence. According to Whiten, (1993 pg. 3) “a theory of mind remains one of the quintessential abilities that makes us human” .Yet prior to Baron-Cohen’s (1989a) study, the traditional view held by most child developmental psychologists, (Piaget, 1983) was based on the idea that, any understanding of what goes on in another person’s mind has to be a calculated and difficult thing (Appleton and Reddy, 1996). Hence, in order to......

Words: 3406 - Pages: 14

To What Extent Is Northanger Abbey a Bildungsroman?

...Karolína Sailerová Long Essay 3. To what extent is Northanger Abbey a bildungsroman? Lisette Allen, MA (Cantab) English Skills and Cultural Communication 20 December 2012 1812 words Jane Austen is without doubt one of the greatest as well as most widely read novel writers in English literature. It is not easy to identify her with some literary movement. As Andrew H. Wright suggests in his book Jane Austen’s Novels, she is not really a writer of the nineteenth century to be called Romantic, “too much a person of her time to be called Classic, too original and too great to be considered a precursor or an apotheosis... .”[1] She is unique as well as her books are, especially Northanger Abbey. When thinking about this novel in detail, it becomes quite confusing, as Northanger Abbey can be placed in several generic categories. The most important one is bildungsroman. Bildungsroman is a German term for a novel of formation, as J. A. Cuddon states it means “literally an ‘upbringing’ or ‘education’ novel […] it refers to a novel which is an account of the youthful development of a hero or heroine […] it describes the processes by which maturity is achieved through the various ups and downs of life.”[2] We do see a development in the heroine of Northanger Abbey. However, Austen’s constant mocking of Catherine and her use of irony make it hard to distinguish to what extent Northanger Abbey is a bildungsroman and to what extent Jane Austen uses Catherine and her transformation......

Words: 1849 - Pages: 8

To What Extent Was the Development of the Post

...To what extent was the development of the post - Stalin thaw in superpower relations between 1952 and 1962 the result of Khrushchev's policy of peaceful coexistence? After the death of Stalin in 1953, there was a general improvement in Superpower relations and occasionally both superpowers were willing to meet and negotiate, which in turn led to a much more stable world in comparison to 1945-52 when the Soviet Union was ruled under Stalin’s oppressive regimes. Khrushchev proposed a policy of ‘peaceful coexistence’ although previously proposed by Malenkov’s ‘New Course’, to which the USA responded with ‘New Look’ and ‘Flexible Response’. These changes led to the Post-Stalin thaw witnessing events such as the Geneva Summit and Khrushchev's visit to US. Peaceful coexistence was a hesitant move towards better dialogue between the two superpowers. Khrushchev accepted the Marxist belief that the downfall of capitalism was inevitable, and peaceful coexistence was the best way of conducting relations in the meantime. The fact that by 1949 the division of Europe into two camps, NATO and the Warsaw Pact, had been established and consolidated gave relations between East and West a degree of stability. The Iron Curtain was now a defined line marker the border of recognised spheres of influence, with their positions secure, the superpowers were more willing to attempt negotiation resulting in the thaw. Peaceful coexistence had many successes, including the armistice concluded in Korea,......

Words: 1213 - Pages: 5

To What Extent Is Parliament Still Sovereign?

...To what extent is parliament still sovereign? For many years it has been argued that parliamentary sovereignty has, and still is, being eroded. As said by AV Dicey, the word ‘sovereignty’ is used to describe the idea of “the power of law making unrestricted by any legal limit”. Parliamentary sovereignty is a principle of the UK constitution, stating that Parliament is the supreme legal authority in the UK, able to create and remove any law. This power over-rules courts and all other jurisdiction. It also cannot be entrenched; this is where all laws passed by the party in government can be changed by future parliaments. In recent years sovereignty of parliament has been a In 1972 the UK joined the treaty of accession, this was a statute law passed by parliament. It stated that the UK was now a part of the EU and therefore must abide by the laws and regulations that would be imposed; over 2,900 regulations and 410 directives were added, 43 volumes of the EU legislation. Due to having joined over 30 years after the initial EU was created, the UK has been made to accept laws that had been made without its input. Whereas now, having joined the EU, we are involved in in their creation - this is a key argument for why we should remain a member. Joining the EU has been agued as being a pinnacle point at which the UK lost its sovereignty, as this was the first time in the history of parliament where absolute power was no longer held. Research done by the TPA (Taxpayers......

Words: 898 - Pages: 4

To What Extent Are Human Rights Universal?

...To What Extent Are Human Rights Universal? Article 1 of the Universal Declaration of Human Rights states that ‘all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood’ (The Universal Declaration of Human Rights, 1948). This idea that human rights should be applicable and accessible to all, that they are, in all senses of the word, 'universal', is a topic of debate for many critics in all parts of the world (Tharoor, 1999: 5). The very concept of anything being universal is in itself controversial; can anything in our multicultural, multipolar world ever be ‘truly universal’? This essay aims to evaluate the extent to which human rights are universal, focusing on the imposition of Western norms on Non-Western countries, the cultural relativist view of universal human rights and the defence for human rights as a universal idea. The first hurdle that the idea of universal human rights faces is who defines human rights? Critics such as Michael Ignatieff argue that the Universal Declaration of Human Rights is a Western document, and that individuals from Non-Western countries are not given the same rights as those in the West (O’Connor, 2014). This is noticeable in the emphasis on individual rights as opposed to communal rights, which are commonly practiced in Non-Western countries. In addition, many of the rights stated are only accessible to the West, such as the......

Words: 1471 - Pages: 6

To What Extent Is the Conscience the Voice of God?

...To what extent is the conscience the voice of God? The vast majority of people understand the conscience to be an internal moral source which guides us in situations to the right thing to do. Some believe this is an innate drive we are born with, other believe it is a result of early environment and conditioning. However, whether the belief differs about how we acquire a conscience, many peoples conscience guide them in different moral directions, for example one person may feel that it is morally right to kill someone who is committing homicides themselves, while others feel that it morally wrong to kill in al situations, irrespective of the victims history, for example it would be morally wrong to kill Adolf Hitler regardless of all the people he killed and maimed. The conscience can be argued to be the voice of god as god is believed to be benevolent, omniscient and omnipresent and made us in the image of him, giving us the conscience for us to stay on the moralistically correct side of the spectrum. In the Holy Scriptures the conscience is also called the heart. In the Sermon on the Mount the Lord Jesus Christ likens the conscience to an adversary with whom a man must make peace before he appears before the Judge (who is God) (Matt. 5:25). The Lord also compares the conscience to the eye, by means of which a person sees his moral state (Matt. 6:22). The first comparison reveals the distinguishing characteristic of our conscience, its to oppose our bad actions and......

Words: 1365 - Pages: 6

To What Extent Is Conservatism a Philosophy of Imperfection?

...the time with corruption. They believe that our inherent imperfect human nature stems from original sin, the Christian Belief. This shows a wholesome negative outlook on human nature. The New Right on the other hand is more positive as a result of the neo-liberal ideological view that we are in fact rational, shown by the classical liberal belief in self-regulating society and a ‘realm of coercion’. However, as the New Right is a marriage of neo-liberal and neo-conservative views there is also the negative view of human nature present, as held by traditional conservatives. At the heart of the debate, obviously is whether or not conservatism is a philosophy of imperfection, it is my view that it is a philosophy of imperfection to a large extent, as I will explain now. To begin, it is important to quote O’Sullivan who in 1976 said that conservatism is a ‘philosophy of imperfection. He said this, as unlike many ideologies which believe that humans are naturally good or at least can be made good through the improvement of their social circumstances (like liberals and socialists who believe in personal development), conservatives have an intrinsically negative view on human nature that they are imperfect and also unperfectible. This is shown firstly through the idea that humans are psychologically flawed. Traditional conservatives think that humans are dependant creatures who fear isolation and insecurity, and seek the security of knowing their place and role in society. This......

Words: 1663 - Pages: 7

To What Extent Is Parliament Sovereign.

...Political sovereignty is where power effectively and actively is used and implemented, in other words who holds political power and who has can influence it. For example, political sovereignty lies with the electorate at election time, but at other times lies with Parliament when debating legislation and constitutional statues. People argue that the EU undermines Parliament sovereignty because national sovereignty of the British ts citizens is the ability of the UK to decide matters for itself. Membership of the EU has meant there has been a loss of national sovereignty. There are now a lot of EU institutions which are also in power with the UK political institutions and sometimes a number of areas which the EU has had an impact on the independent decision making of UK Parliament. It can be argued British citizenship has been affected by our membership of the EU. For example British citizens are now also EU citizens this means they can go and live in any country within the EU. This also means residents of the EU countries can come and live in Britain and use UK state benefits. There is no stable enough argument to prove that British sovereignty hasn’t been slightly eroded by the introduction of the EU....

Words: 482 - Pages: 2

To What Extent Is Congress a Broken Branch

...To what extent is congress a broken branch? As we go into the second year of the 114th congress it is clear that now more than ever there is a clear divide between the parties ideologically and socially, affecting the efficiency of congress. With the media having an even greater influence than ever, the general public are being influenced to view the opposite party as adversaries in commerce rather than comrades. Congress’ apparent neglection to perform their duties of representation, oversight and legislation, is under noticeable scrutiny form the public. Whether the bureaucratic system is altogether faltering and letting down the American people is still to be argued. Obama’s limitations are resultant of a Republican Majority in both the House and the Senate. With a Democrat in executive power and a Republican run legislative body, the legislation process is far less effective than in previous years, with either side causing restrictions for the other. Only 115 bills have been able to pass through and become enacted laws within the last year. In comparison to 385 when there was a Democratic majority in the House. In perspective, triple the amount of bills passed through the 111th congress than through the current one. One could argue that bills do not need to be passed through congress at a substantial rate, however this is congresses way of representing the wishes of their people and therefore an extremely important duty to perform. The conflict between the......

Words: 1979 - Pages: 8

To What Extent Has the Use of Technology in Evidence Altered Our Understanding of Adversarialism?

...Evidence To what extent has the use of technology in evidence altered our understanding of adversarialism? What is adversarialism? The adversarial system is the two-sided structure under which criminal trial courts in the UK operate. There are four prominent structural features of the English adversarial system. Firstly, the parties dominate the conduct of proceedings with the judge playing a relatively passive role. Secondly, the parties are free to choose the terrain on which to fight out their legal battles and to select their forensic weapons. Thirdly, Trials are continuous, oral and public events. Fourthly, the imbalance of power between the state and the accused is ameliorated by rules and principles reducing inequality of arms. High level definitions or at least descriptions of the adversarial system abound such as that of Lord Denning in Jones v The National Coal Board.They are all to the effect that the judge is a passive and neutral umpire who cannot descend into the arena for fear of having his or her judgement clouded. The adversarial system is said to be the most efficient means of arriving at approximate truth because it harnesses the power of self-interest on each side to unearth the best evidence. Similarly the best legal arguments are thought to emerge from the clash of advocate’s submission on the law. A classic quotation is that of Lord Eldon in Ex Parte Lloyd that ‘truth is best discovered by powerful statements on both sides of the question.’......

Words: 6120 - Pages: 25