Judicial Independence and Models of Government

Authors Avatar

Judicial Independence and Models of Government

Independence is established in the judiciary by job security, that the judges know they will keep their jobs no matter which political party is in power and therefore have no need to be biased. There are also a number of commissions and judges making sure that judges are doing their job correctly. On the other side of the argument it can be considered that as parliament can overrule the courts it could be considered not independent.  Overall there are arguments for and against the judiciary being considered independent but overall I feel the weight of non-bias created by job security and commissions makes it at least quite independent.

The senior judiciary can be considered neutral to some extent, on the one hand they are professionals that have been through university and are therefore well educated and probably good at their job, however there are a number of factors which could go against neutrality firstly human nature dictates that it is very difficult for anyone or anything to be totally neutral. A typical judge is also upper class middle-old aged man that is usually slightly conservative which again means that the senior judiciary could be considered non neutral. They do however have job security and are therefore there for more than one government and have no need to be bias.

Join now!

There are 774 judges with an average age of 60+, only 8% are women and 60% are Oxbridge graduates. 92% of law lords have graduated from Oxbridge and the figure is 100% since 1997

In my opinion the most effective safeguard of a UK citizens rights are the European court of Justice and European court of human rights as any EU citizen Including one from the UK can take their case to the European court if they feel that their human rights have been breached, they must have exhausted all possible legal action within their own country before taking their ...

This is a preview of the whole essay