• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Using Source B and your own knowledge, on what grounds has the judicial system been criticised in recent years?

Extracts from this document...

Introduction

Using Source B and your own knowledge, on what grounds has the judicial system been criticised in recent years? In theory judges are neutral and independent. Judges are considered to be fair and unbiased. The government to head investigations often uses them where the government wants an unbiased outcome. However their neutrality is criticised because the Lord Chancellor, who in turn is chosen by the PM for his political persuasions, appoints all judges. This enables the government to gain a foothold in the courts by appointing a Lord Chancellor with the same views and ideologies that their party has. This then works well to expressing their views through the court on sentencing and appeals, whether it be in the court of appeal or in local courts. Judges tend to be a very homogenous (same/similar) group. They come from an upper class background and tend to be white, male and elderly. Even when making judgements, which are seen as fair, they may have an unconscious bias to their own class and protection of property. Judges generally do not understand the living culture of other classes; therefore can be generally nicer to people of his own class. However, as time has gone on judges are being recruited from a much wider background. ...read more.

Middle

Therefore, the Lord Chancellor does not have to take responsibility for any mistakes or decisions. Even a replacement of the Lord Chancellor with a department of justice would have to be elected to eradicate unfairness, although a group of people would probably better than a single person in charge of the judicial system. An example of the biased nature of the Lord Chancellor could be the case when the department headed by the Lord Chancellor, Lord Irvine, faced an accusation of sex discrimination from a woman solicitor. Jane Coker, a legal aid lawyer from north London, took the department to an industrial tribunal over the appointment of a man as Lord Irvine's special adviser. Coker's solicitor said that the Lord Chancellor had broken the law by not even offering the job to her, and instead appointing another man whom he had been friends with. This is not the only report that criticises the Lord Chancellor; many different decisions has outraged people in the past, from the media when he suggested imposing bans on probing politicians to even Tony Blair. What are the main arguments against the bill of rights? The Human Rights Act was made law in October 2000, and this means that the European Convention on Human Rights is now incorporated into National Law. ...read more.

Conclusion

Many people feel it is simply unachievable in Britain today due to all the implications it would bring with it. It may not be clear how to interpret 'rights', and there are no set guidelines of what format the Act should take, such as how entrenched it should be. Many existing laws conflict with our Human Rights Act which is obviously a negative thing, and even though the Labour government introduced the Act to gain support from electorates, they surely cannot be pleased with the limits they have placed on their own power. Also, many people believe UK citizens' rights were adequately protected before the Act was introduced, and it has been an expensive waste of taxpayers' money. The Human Rights Act that has been codified may possibly suggest a step forward into a whole new written constitution, although this is a totally different issue. Overall, there are many different advantages and disadvantages that suggest the UK Human Rights Act are both good and bad, although Britain will not be able to judge it until the progress has been analysed and evaluated in the future. It has only been made a law for two months at present, so there is still plenty of time in the future to decide on the outcome and consequences of the Act. ?? ?? ?? ?? ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Marked by a teacher

    AS LAW -JUDICIAL PRECEDENT

    4 star(s)

    They should have all died together, not committed in murder; this was against the cabin boys human rights. The cabin boy was healthy and there was no reason for him to die. The cabin boys health wasn't at a disadvantage, whereas in the current case of the twins if they

  2. Marked by a teacher

    the english legal system unit1 assignment4

    4 star(s)

    However, on matters of a non-litigious nature, liability could attach as illustrated in the case of Rondel -v- Worsley (1967), and Saif Alli -v- Sydney Mitchell and Co.(1978).

  1. Why was the Apprenticeship system brought to an end in 1838 in the British ...

    was scheduled to end two years before praedials or field workers were to be freed. Planters therefore misinterpreted the status of non-praedials in the hope of retaining their services for the extended period. Insubordinate domestics were threatened with demotion to the field.

  2. Describe and evaluate the impact of the children's rights perspective on social policy for ...

    (Children Act 1989 (c.41). Nevertheless although the Children Act 1989 highlights that children have been given a voice through the Act and should be involved in decisions regarding their welfare. This initially may bring to attention that the children's rights perspective is a form of a backbone to the Children

  1. How has the European Court of Human Rights contributed to the protection of children's ...

    Showing Court's inability to fully acknowledge that children themselves have rights66, this decision was, however, controversial, presenting many strong dissents. The author submits that the case was really about whether welfare principle had been applied balancing child's and father's rights, rather than in defence by mother against father with her possible indoctrination of child.

  2. Should Britain have a codified constitution?

    The British Parliament is subject to no authority beyond itself and this goes against the principle of the rule of law which our democracy is based on. The ability to change a rule and go against a parliament cannot be unnoticed, so is it safe to stay as an un-codified

  1. AS LAW - Judicial Precedent

    These basic rules are essential if the doctrine of precedent is to operate at all. The other thing, which is essential, is that lower courts know all the legal reasoning behind decisions of the higher courts. They can only do this if those reasons are properly reported.

  2. Evaluate the extent to which the Human Right Act 1998 is consistent with the ...

    interpretation that aided, to a degree, the protection of some basic freedoms.11 The Parliament occupies a central place in the legal system. There were no legal limits on the authority of the Parliament as they have the power to make constitutional changes by ordinary process of legislation.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work