Evaluate The View That The Supreme Court Operates With Sufficient Judicial Neutrality and Independence. (30)

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6 Terms

1
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AGREE Rules they must follow to remain neutral

must not undertake any political activity such as campaigning for political parties ensures judges are impartial and avoid conflicts of interests - essential for maintaining public trust in the neutrality

2
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AGREE structural reforms promote neutrality

Constitutional reform act 2005 separated the house of lords from the supreme court.

Influenced less by politics making the court more impartial (2)

3
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AGREE Ruling against the government.

miller v secretary of state for exiting the EU - government couldn't trigger article 50 without parliamentary approval.

Boris Johnson proroguing of parliament - unlawful.

Check on government power and upholds the rule of law.

4
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DISAGREE Judges lack diversity - the Times - "pale, male and stale"

10/12 male, 12/12 white 11/12 studied at Oxbridge and all are over 60.

Limited perspectives. Law is enforced through the perspective of old well educated white men.

5
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DISAGREE Lack of diversity can Influence how judges rule on complex social issues such as cases involving race and immigration.

Shamima begum case - many argue that the judges lacked consideration of issues i.e grooming and were overly supportive to executive power

Background and lived experience can shape interpretation, undermining impartiality.

6
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Media and political pressure can undermine judicial independence and public perception of neutrality.

SC ruled that gov couldn't trigger article 50 without consent parliament. SC labelled "enemies of the people" - daily mail framed their ruling as politically motivated. Liz truss failed to defend judges

Undermining judicial neutrality in the eyes of the public. Independence and Neutrality can be weakened.

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