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

AGREE 1

Rules they must follow to remain neutral

must not undertake any political activity such as campaigning for political parties

judge must have at least 2 years’ experience in a senior judicial role.

Current President of the SC Lord Robert Reed has served as a senior judge since 1998.

DISAGREE 1

Judges lack diversity

the Times – “pale, male and stale”

9/12 male, 12/12 white 11/12 studied at Oxbridge and all are over 60.

AGREE 2

Structural reforms which have promoted independence. Also, other ways it is independent such as security of tenure

Constitutional reform act separated the judiciary from the legislature by creating the Supreme Court.

Judges can’t be removed from office unless they break the law or are impeached by a vote in both houses of parliament. They can serve until they are 75.

DISAGREE 2

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

AGREE 3

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.

DISAGREE 3

 

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 as lord chancellor failed to defend judges