Evaluate the view that the Supreme Court operates with sufficient judicial independence and neutrality

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5 Terms

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independence

security of tenure- judges cannot be removed from office unless they break the law

pay- salaries paid by independent budget, indpendent of manipulation by ministers

appointment- judicial appointments commission and selection commission for supreme court are transparent in there procedure and free from political intervention

seperation of powers

gina miller held gov to account-shows independence , article 50 theres amay

right of sex offender to appeal against registration for life, 2010, opted against gov as breach of human rights- independence

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not independent

government still control their budget

powers limited- cannot strike down gov laws

case of private jason smith-2010 agreed with gov

ministers and newspapers critical of judges, 2017 areticle 50 case lots of backlash- less likely to criticise gov again

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is neutral

conflict of interests- judges must refuse to sit in a case that involves a family member, friend or professional associate

public activities- must avoid political activity

process of legal training and experience pushes personal agenda to one side

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not neutral

.narrowness of supreme court’s composition in terms of gender, social and educational background- all white, old privately- educated males

cant empathise with majority of poeple

one female member- significant in case of radmacher vs granito (2010) in a case involving pre-nuptial agreement among marriage partners, lady hale only one to dissent claiming would have more of a negative effect on women

all but two privately educated, all but two went oxbridge

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