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

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Introduction

´╗┐Many people argue that recent changes in constitutions have increased the participation of judges in politics. Recent constitutional developments; such as the Human Rights Act have permitted the Judiciary to have a more involved relationship with other parts of government such as the Executive and the Legislature. The Human Rights Act (1998) has incorporated most articles of the European convention on Human Rights into the UK law. Measures such as the HRA (1998) allow judges to reinterpret laws based on the circumstances as long as it doesn?t go against the common law. Politicians argue that the judiciary use this to their advantage and gives them more power in government. ...read more.

Middle

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. ...read more.

Conclusion

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. ...read more.

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