Many people argue that recent changes in constitutions have increased the participation of judges in politics.

Also, some may argue that judges are exceeding their power and involving themselves in politics. The executive are in dispute with the judiciary for over stepping their roles. There have been many situations when the government and parliament have come to a conclusion in a debate and the judiciary have overturned it. One example of this is the Michael Gove and the Building Schools for the Future programme, when he decided to scrap the project last minute when schools had already started to prepare for it. The High Court decided to go against this and say that it was wrong of him to do this and that he had over stepped his role barrier. Politicians may agree with this and argue this shows that the roles of judges are becoming increasingly political.

However, many may also argue that recent constitutional changes such as the Constitutional Reform Act (2005) have led to a separation of powers rather than intervention of the judiciary and politics. The Constitutional Reform Act (2005) imposed the separation of powers; which resulted in positions of different branches of government to be clearer and separated.  An example of the separation of powers being enforced is the role of the Lord Chancellor. In the past the Lord Chancellor was in all three branches of government. The CRA (2005) has restricted the Lord Chancellor from being a member of any other part of the government apart from the executive. This allows different branches of government to have clear and detached roles.

 The CRA (2005) has also led to the role of the Judiciary and the role of the Executive to be independent and less influential on each other. Such as in the past the Judiciary and the Executive were both within the Houses of Parliament ; many decisions made by the judiciary were influenced by members of Parliament – due to them both being under the House of Lords.   To resolve this CRA (2005) set up the Supreme Court in Middlesex Guildhall – to give the judiciary independent power and less influence from other branches of government. By giving the Supreme Court a separate building – it develops a separation of powers.  These constitutional changes have led the judiciary to be less influenced and involved by politics.