Evaluate the extent to which judges are representative of society.

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 Evaluate the extent to which judges are representative of society.

 Judges are representative of society, but only to a small extent. There have been many criticisms related to the common race, gender, class background and political bias amongst the judiciary. Judges are generally old, white, rich, middle-upper class men with a public school education, which only really represents a very small part of society.

     Political bias is a highly controversial area in relation to the judiciary. Academics such as Professor Griffith have pointed out that our judges are too pro-establishment and overtly conservative. Griffith cites cases such as the GCHQ case, where a judge decided against the formation of a trade union in the General Communications Head Quarters on the grounds that national security overrides the need for a union. The decision was made after Margaret Thatcher had voiced her disapproval of any such trade union. Griffiths’ point was that judges tend to support the establishment. However, academic Simon Lee argues that these ideas are far too simplistic to apply to all judges. He states that although the majority of judges are in fact old, white, middle classed men, it does not necessarily mean they will all think the same. Although Simon Lees point that judicial bias needs to be proved is valid, there has however been research into the limited class background of judges. Research found that in 1995, 80% of high ranking judges were educated at Oxbridge and since 1997, 80% were educated in a public school.

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     The Human Rights Act 1998 has made judges more powerful than they’ve ever been before because they are now able to send an act back to parliament if it breaches human rights. Since the act was passed, judges have shown they are more willing to challenge the government on key issues such as detention without trial. For example the Belmarsh Prison Case, where Home Secretary David Blunket wanted to detain suspected terrorists for three months without trial, but was unsuccessful as the judiciary believed it violated human rights.

     As well as the passing of the Human ...

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This essay never really drills down on the real issues to do with under-representation of women and ethnic minorities. 3 Stars.