Top-Rated Free Essay
Preview

The British Judiciary is both independent and impartial

Better Essays
1176 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The British Judiciary is both independent and impartial
The British judiciary is both independent and impartial?
The Judiciary of the United Kingdom is not a single body. Each of the separate legal systems in England and Wales, Northern Ireland and Scotland has their own judiciary. The British Judiciary plays a vital part in British Politics. This is unblemished as the judicial system is significantly responsible for a multitude of political roles. The senior judiciary help interpret the meaning of law and directly enforce the rule of law. Similarly they also declare and interpret common law in addition to reviewing executive decision.
Essentially the judiciary thrives as a noteworthy system that has been rooted in British history for numerous years. It substantiates to be an efficient system that functions smoothly. So much so that other countries have been influenced to directly copy the system in Britain, many countries are still changing and evolving their current systems to meet the needs of their societies. The British judiciary is widely regarded as one of the best and most independent systems in the world. However the question pondered recently is how independent and neutral is the British judiciary?
An independent judiciary is Significant as it results in a justice system that is not influenced by either the legislative or executive branch. Moreover it is free to make decisions based upon law and not upon the pressure forced from other groups. The quote "It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other (Baroness Butler-Sloss–May 2012) visibly condenses this.
Fortunately many argue that the British Judiciary is in essence the most independent of all systems in the world. This is evident due to many reasons. One of which is the constitutional reform act (CRA). The act ensures British Judicial independence as it removes the title of speaker of the House of Lords and also head of the judiciary of England and wales from the office of the Lord Chancellor. This took place when concerns aroused that a member of the judiciary who was also a member of one of the other two branches could not be suitably impartial. Before the CRA was passed, the House of Lords formed some amendments retaining the office of the Lord Chancellor, but significantly reducing his role in judicial affairs. This is not only momentous in the context of Britain but also the European convention of human rights, something the Judicial is responsible for enforcing so that all have the right to a fair trial.
At the same time it can also be disputed that the British Judiciary is impartial, this is subsequently because of the broken relationship from the government. The British judiciary is not influenced by politicians as the judicial system is profoundly independent. Fundamentally the judiciary decides matters before the government on the foundation of facts in accordance with the law. Without any restrictions, improper influences inducements, pressures threats or interferences direct or indirect from any sector or for any reason.
It is highly prominent that the British judiciary contains an element of ‘impartiality’ as it allows the system to be neutral in the affairs in allocates itself with. There are no major personal biases when administering justice and as a result the following rules under the law are respected; Equality, no one exceeds the law and most importantly everyone is entitled to a fair trial. Ultimately the British judiciary is both impartial and independent, both play vital roles in holding each other securely in place, the absence of judicial independence threatens judicial neutrality and in the same way without impartiality, independence cannot be guaranteed.
Moreover, I agree that the British Judiciary is independent as it is assured by the nation and is enshrined in the constitution or the law of Britain. It is essentially the duty of all governmental and various institutions to respect and observe the independence of the judiciary, this is due to the fact that the judiciary has superior jurisdiction over all issues of a judicial nature and has exclusive authority to decide where an issue submitted for its decision is within its competence as defined by law .
In addition to this the British judiciary is independent because the judiciary cannot successfully support a government act as it would most likely backfire. This is because it would be upgraded to a European court ruling that takes precedence over a British court decision; in essence the judiciary is free from liability.
However it can be argued that the British judiciary is not both impartial and independent. The concept of neutrality can be portrayed as weak due to the understanding that the Judiciary does not include a prodigious deal of Female judges. With the insight that only 23% of the Judges are women it becomes unavoidable that there is gender discrimination within the system.
Another factor concerning the lack of independence and impartiality is the issue surrounding judicial appointments. It can be argued that there is lack of separation of powers relating to the appointments as the Lord Chancellor still manages a magnitude of power. This illustrates how his influence in the appointment can be unfair as it deprives the ideology behind neutral and independent nomination. Essentially judicial appointments were made by the Lord chancellor and monarch however in the modern age the judiciary cannot run as effectively if it fulfilled its old system and it must appear more transparent to aid the Judiciary with distinctive impartiality and independence.
Similarly to this its profoundly comprehendible that despite the Judicial Appointments Commission (JAC) statistics exclaim that most of the senior judges are white middle class men with attainment of education from ‘Oxbridge’ This ultimately elucidates a separation of powers and goes against the promise of "more diverse judiciary" made by the JAC.
From the information I have gathered I can gain the understanding that the British Judiciary is both impartial and independent as it is engraved in the constitution that the government has to respect the independence of the judiciary, similarly the most prominent factor elucidating this is that there is no major link between politics and the judiciary hence the judiciary can guarantee equal justice to all, judges and juries are free from influence and can make fair and honest decisions about cases subsequently creating a far more efficient system that works for the nation as a whole. Ultimately decisions can be reached without fear of retaliation of other groups or special interests. Despite the fact that the judiciary abstains its imperfections that deprive it of complete independence and neutrality, such as the factor consisting of lack of separation of powers’ and influence within the political system, there is major transmogrification that suggests the judicial system is becoming more transparent. The JAC announced that 8% of the people recommended for judicial jobs last year were black or Asian and correspondingly 156 new women were chosen for appointment under the new system. The British judiciary ultimately proves to be an efficient and momentous system that works, it does so by being both impartial and independent.

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Judicial Independence Within a Political Process. Our judicial branch of government was designed not only to serve as a check on the power of the executive and legislative branches but also to be the final arbiter on disputes among states and between the states and the federal government. One important arbitration tool utilized by the judicial branch is judicial review. Judicial review is one of the U.S. Constitution’s most provocative features as it plays an important role in shaping the laws that impact our society. For this discussion, complete the following:…

    • 641 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Judicial Independence Within a Political Process. Our judicial branch of government was designed not only to serve as a check on the power of the executive and legislative branches but also to be the final arbiter on disputes among states and between the states and the federal government. One important arbitration tool utilized by the judicial branch is judicial review. Judicial review is one of the U.S. Constitution’s most provocative features as it plays an important role in shaping the laws that impact our society. For this discussion, complete the following:…

    • 55625 Words
    • 161 Pages
    Satisfactory Essays
  • Powerful Essays

    Koopmans, Tim. Courts and Political Institutions- A Comparative View. (2005). (Cambridge University Press: Cambridge). [24 April 2007].…

    • 2886 Words
    • 12 Pages
    Powerful Essays
  • Satisfactory Essays

    “Objective: Examine the potential impact on judicial independence that results from the election of judges versus the appointment of judges.”…

    • 334 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Judges represent an important central role in adjudicating disputes in a fair, unbiased manner by applying legal rules and play a vital role in controlling the exercise of power by the state. Judges may leave their position by the termination of an appointment: Dismissal due to breaching judicial disciplines, resignation of their own choice or suggestion by the Lord Chancellor for misbehaviour, removal due to disability by permanent infirmity from performance of duties and retirement at the age of 70 under the Judicial Pensions and Retirement Act 1993.…

    • 662 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Miss

    • 523 Words
    • 3 Pages

    The judges role in the adversary system of trial here in Australia is to remain independent and impartial throughout the entire court proceeding. Yet the judge ensures that the hearing or trial remains fair and unbiased by…

    • 523 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Senate Reparations

    • 2035 Words
    • 9 Pages

    The High Court of Australia and the Supreme Court of the United States have important roles in determining the federal distribution of powers and acting as ‘Constitutional guardians’. Both courts also exercise their powers as ultimate appellate courts to safeguard liberal rights and to protect their citizens from arbitrary governmental powers under the rule of law. The quality of these courts is underpinned by the ‘impartiality, integrity, and independence’ of the judges, which depends largely on the framework of judicial appointments.…

    • 2035 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Laws in Today's Society

    • 594 Words
    • 3 Pages

    Judicial power is mainly in the control of the Supreme Court as well as other lower…

    • 594 Words
    • 3 Pages
    Good Essays
  • Good Essays

    "Apparently a great many people have forgotten that the framers of our Constitution went to such great effort to create an independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges."said by Sandra Day O'Connor, former associate justice of the supreme court. The judicial branch translates the importance of laws, applies laws to induvial cases, and chooses if laws disregard the constitution. This legal branch is involved the supreme court and other government courts. Even though people argue that the judicial branch has too much power, the Supreme Court should still have the ability to declare laws passed by congress unconstitutional…

    • 1058 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    ‘The Dangers of Judicial Activism in Australian Courts Far Outweigh any Advantages’. Discuss this statement.…

    • 1876 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Judicial review is the process in which the judicial branch of the government, the supreme court, reviews legislation to determine if it is constitutionally valid. Judicial review is crucial to the proper functioning of the government because it keeps the legislative branch of government in check. It prohibits them from passing pieces of legislature that are unconstitutional; keeping the law of the land fair and up to par with the constitution. Without the presence of judicial review any law passed by congress and approved by the executive would stand, regardless of if it violated the rights of the citizens. The Supreme Court is also important because it is significantly less affected by party politics than the other two branches. It remains uninfluenced by politics by having lifetime terms for judges, who consequently serve through multiple administrations. These lifelong terms allow the judges to determine laws without the worry of re-election, something the other two branches are often forced to account for; and commonly allow to affect their policies. While the Supreme Court is influenced by certain factors, such as precedent and ideology, it is the least influenced of all the branches.…

    • 465 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The judiciary is the body that interprets and applies the law in the name of the state, they operate under the separation of powers, they do not make laws nor enforce laws but rather they interpret the law and help in its application.…

    • 911 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Court History and Purpose. The courts are a critical component of American criminal justice because they determine what should happen to people charged with violating the law. Courts are important beyond criminal justice, too. Disputes that arise between private parties, businesses, government officials, and the like are brought to court in order to ensure that they are heard, ideally, in a neutral forum (Siegel, Schmalleger, & Worrall, 2011). Succeeding in liberation and independence is difficult within the world and as simple as legally right and legally wrong. Courts emphasize on the power of the state and the legitimate use of force and protect people against the random use of legislative authority. The tension among the general public independence and social order is long-lasting. The court front-runners recognize it is never just one way to handle a situation, the need for an unbiased and self-governing court is embedded in the social circumstance. To understand the whole court process there are three distinct elements that have to be consider to become a court, it must have proper legal authority and have all of the guild lines within the constitution. Courts are generally found in the judicial as opposed to legislative and executive branches of government, and ‘courts are empowered to make decisions that are binding. The notion of “deciding upon cases, controversies in law, and disputed matters of fact” is known as adjudication, or “the process by which a court arrives at a decision regarding a case” (Siegel, Schmalleger, & Worrall, 2011).…

    • 1187 Words
    • 5 Pages
    Good Essays
  • Better Essays

    Bibliography: The English Legal System – 9th Edition (2008/2009) by Catherine Elliot and Frances Quinn…

    • 1869 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    The concept of judicial independence is as old as constitutionalism itself. Judicial independence is “the capacity of the courts to perform their constitutional function free from actual or apparent dependence upon any person or institutions, including, in particular, the executive arm of government, over which they do not exercise direct control”.…

    • 1550 Words
    • 7 Pages
    Powerful Essays