Politics: Law and Constitutional Rights Essay

Submitted By skurl100
Words: 972
Pages: 4
Open Document
How Far Do Judges Protect Civil Liberties in the UK?
In the UK there is no written constitution and therefore it is the role of the judges to try and uphold the law and protect civil liberties. The Rule of Law as defined by Dicey states that ‘No man is punishable except for a breach of the law’ and it is judges that try and uphold the law and make sure no one is falsely imprisoned. Also the UK has a common law system were many legal principles are derived from decisions made my judges. Therefore, decisions of judges and the way in which judges interpret the law can have major impacts on constitutional rights.
Ever since the 2005 Constitutional Reform Act the judiciary has been completely independent from politics. As Montesquieu stated this separation of power is crucial for a countries democracy and to prevent against tyranny. Therefore, since 2005 judges have been able to do their best to protect citizens’ rights without political interference. As judges also have tenure this means that judges do not have to worry about cohering to political pressure because they do not have to worry about job security. This has allowed judges to make some decisions which are against the views of the government, for example judges have allowed foreign criminals to stay in the UK based on Article 8 of the Human Rights Act. Despite political pressure from Theresa May (2013) to deport criminals. This shows that judges are fundamental to protecting civil liberties in the UK as they are not in theory subjected to political pressures.
Although, despite judicial independence a lot of political pressure is still applied to judges. For example in August 2011 after the riots Prime Minister David Cameron called for ‘exemplary sentences’. Many criminals got harsh sentences for their role in the riots showing that politics can still impact the judiciary. Similarly, in March 2011 the coalition announced publication of sentencing guidelines for drug offenders, again clearly trying to give judges help in making their decisions. Therefore, the power of judges to protect civil liberties can be undermined by politicians.
Judges are in theory meant to be politically neutral meaning that they should interpret the law without prejudice. Therefore, no matter who the accused is the judges should try and treat everybody equally and give verdicts based on the crime and not who the person is.
However, the background of judges is narrow and very privileged (78% Oxbridge) meaning the backgrounds of judges may impact their judgement and outlook because they cannot identify with certain classes and individuals. Only one judges in the Supreme Court is female (Baroness Hales) and the fact that only 3 or 4 judges sit in most trials this means most of the time women have no representation without most Supreme Court trials. As well as women being under represented only 4.2% of all judges are from ethnic minorities. Therefore, despite their apparent ‘neutrality’ this may be compromised by the background of judges who will not be able to relate to some individuals committing certain crimes.
A key power of judges to try to protect liberties is in judicial review. Judges have the power to reviews actions of the executive and decide whether an action is illegal or whether officials have acted within their powers. The threat of judicial review itself is serious because ministers will know that if they act un-lawfully they could be subject to investigation. An example of successful judicial review was in February 2010 when Binyam Mohamed had been imprisoned and tortured but when he arrived in the UK senior judges found that security services had acted un-lawfully and mislead parliament. He was released and award £1 million in compensation. Overall, in 2011 there was 11,200 review applications showing how people feel that judges will protect their rights on review.
However, despite the power of
Show More

Related Documents: Politics: Law and Constitutional Rights Essay

Lit Review Essay

12/15/12 Sample Literature Review Sample Literature Review Sampl e Literature Review in Pol itic al Sc ienc e Formal Constitutional Scholarship on the American Presidency: A Literature Review A literature review (also known as a literature survey or bibliographic essay) is a common assignment across the disciplines. For more information on how to approach this task, see our handout on Writing Literature Reviews. For over three decades, scholarship on the American presidency has taken…

Words 7064 - Pages 29

Conservative Republican Essay

Conservative Republican A conservative republican is a political figure that some hate and some love. Politics are a matter of who is more right and who is less wrong. There is no happy medium. Conservatives have a hard time drawing the line with liberal views and the media on many different topics. The life of a conservative republican is never dull or boring. The typical politician enjoys the heat of it all, but not all of them enjoy controversy. Conservatives tend to stay calm, unless, pushed…

Words 1248 - Pages 5

The Affordable Care Act

Title: The Affordable Care Act Paul Brandao Politics 201 Sheila Gibson August 12, 2013 Abstract Title: The Affordable Care Acts In March 2010, the Affordable Care Act, also known as Obamacare, was passed and signed into federal law. The will in essence provide affordable healthcare to millions of Americans that are unable to afford it otherwise. Still there are two very strong and separated views on the issue of this new national healthcare plan. Questions on the constitutionality…

Words 774 - Pages 4

Essay about History: Politics and Ps

minor/concentration in pre-Law: Ps 100, Introduction to American Government or Ps 150, American 20th Century Political History Ba 371, Legal Environment of Business or Ba 472, Business Law Ps 372, Fundamental Freedoms: The First Amendment or Ps 374, Civil Rights: The Fourteenth Amendment Ps 375, American Constitutional Development Ps 377, Development of Political Thought or Ph 485, Political Philosophy or Ph 486, Philosophy of Law Py 450, Law and Psychology Requirements…

Words 2609 - Pages 11

Reconstruction Era Complexities

future struggles and achievements. This paper will delve into three pivotal aspects of the Reconstruction Era that should be remembered for and explore the multifaceted nature of its outcome. From the Freedmen’s Bureau, The Black Code, and The Constitutional Amendments. The Freedmen’s Bureau: A Beacon of Hope or a Failed Experiment? The Freedmen’s Bureau emerged as a beacon of hope amidst the ravages of the post-war South. Directed by General O. Howard, the Bureau undertook the daunting task of establishing…

Words 983 - Pages 4

Russian Revolution Research Paper

individuals, men and women, from Asia, The United States, and Europe to follow into their path because of the call for freedom. Some constitutional moments before and after the revolution showcased patterns of the Tsarist autocracy and the Bolsheviks…

Words 859 - Pages 4

Essay on US GOV

1) Legitimacy is the political authority conferred by law or by a state or national convention. Legitimacy has increased through the Constitutional Convention because the succeeding administrations of George Washington, John Adams, and Thomas Jefferson were preoccupied with disputes over the kinds of decisions that were legitimate for the federal government to make. This convention was called to revise the Articles of Confederation which were weak. Four months later a whole new constitution was…

Words 704 - Pages 3

Roe V. Wade Pros And Cons

Implications of Legislation Introduction: The landmark Supreme Court decision of Roe v. Wade in 1973 legalized abortion nationwide, establishing a woman's constitutional right to terminate her pregnancy. However, since its inception, Roe v. Wade has remained one of the most contentious and polarizing issues in American society and politics. Over the decades, it has sparked heated debates, protests, and legislative battles. Recently, with shifts in the composition of the Supreme Court and the political…

Words 2282 - Pages 10

Parlimentarism Vs Federalism

single member plurality districts, presidential veto. Let’s start with federalism, federalism gives people opportunities to get involved into politics on any level such as state local or national levels and also has a greater possibility that their vote will make an impact on whatever is being voted on. In an article I found online it states that “Federalism is the theory or advocacy of federal…

Words 652 - Pages 3

Roe V. Wade Case Study

the constitutionality of the Texas criminal abortion laws. These laws made it illegal to have or attempt an abortion, except on medical advice for the purpose of saving a mothers life. Mrs. McCorvey, using the pseudonym Jane Roe, was a young woman, divorced, unemployed at the time, and searching for a solution to her unplanned pregnancy. Roe made the assertion that prohibiting abortion at any time before birth violated a woman’s constitutional right to privacy. In 1973, the Supreme Court ruled 7-2 in…

Words 1895 - Pages 8