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

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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.

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