• 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)

    The Differences between the House of Lords past case and The House of Lords current case are that in the past case to kill is against the law and against the ratio decidendi. In this case the cabin boys liberty was at stake for selfishness.

  2. Marked by a teacher

    the english legal system unit1 assignment4

    4 star(s)

    the Family Division of the High Court and this post presides over the Family Division of the High Court and the holder is appointed by the Queen on the advice of the PM, The Vice Chancellor, Lords of Appeal in Ordinary (Law Lords), Lords Justices of Appeal, High Court Judges (puisne Judges)

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

    Apparently improving on Nielsen's failure to hear the child, above cases clearly illustrate how the Court effects child's right to be heard in life-significant decisions (family disputes) stressing that parents must be involved in decision-making process67; McMichael v. United Kingdom68 interpreted Art.

  2. AS LAW - Judicial Precedent

    House Of Lords Divisional Itself, High Court and all European Court Other lower courts. House Of Lords Court Of Appeal High Court County Court EC Magistrates' Court H of L Court of Appeal Divisional Courts Crown Court Possibly Magistrates Court All other Courts Above it.

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

    In the first sense, social policy is particularly concerned with social services and the welfare state. In the second, broader sense, it stands for a range of issues extending far beyond the actions of government, the means by which welfare is promoted, and the social and economic conditions which shape the development of welfare.

  2. Should people have a right to privacy?

    Numerous cases have been won in the courts, for example Sienna Miller won £100,000 damages, Andy Gray received £20,000 and Max Clifford brought a private case and obtained a reported settlement of £700,000. Glenn Mulclaire was jailed in January 2007 for when he confessed unlawfully intercepting voicemail messages received by

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