disadvantages of judicial independence/the judiciary

1st Disadvantage- judges are not elected and upholding their independence may be seen as undemocratic

Unlike members of parliament, judges are appointed rather than chosen by the public and may wield significant power without accountability

Why is judges being unelected a disadvantage

Judges have the liberty to make rulings that have wide social /political impact without fear of being removed by voters even if these decision contrast with public opinion

Unelected individuals exercising significant power could….

Undermine the public’s trust in the justice system

However to judges being unelected

Arguably protects impartiality of judges and allows them to make decisions without political snd social pressure

2nd Disadvantage- lack of representation within the judiciary

Judges are drawn from narrow social pool and there is often significant underrepresentation of women, individuals from working class and BAME backgrounds

Why is lack of representation a disadvantage

Judiciary may not fully represent/reflect the experiences of the wider population it serves, and may make underrepresented individuals feel disadvantaged by the justice system and application of the law

However to lack of representation

There has been significant progress over the past 20 years =around 32% judges and 26% of senior judges are women + steady increase of appointment of judges from BAME backgrounds

3rd disadvantage - judges may be seen as too closely linked to the state and the government

Judges are civil servants appointed and paid by the state

Why is being to closely linked to the state and government a disadvantage

Could raise doubts about the judiciary ‘s ability to be trying independent and impartial, undermining the whole principle of judicial independence

However to too closely linked to the state and government

Structural reforms introduced to significantly reduce these concerns

Statute example for structural reforms

Constitutional Reform Act 2005

And example of a concern that fixed

Lord chancellor can no longer sit as both judge and government minister