It is hotly debated on how judicial independence and neutrality has been furthered in recent times.
These two aspects are significant as it allows judges to be free of judgement when operating in the
supreme court. It is argued that judicial independence and neutrality has been furthered in recent
years as the constitutional reform act and the ending of the judicial function in parliament has made
senior judges become less politicised and have less involvement in parliament and keeps judges
from being politically influenced. Judges are also older and have the highest form of education
allowing them to be more experienced. However, some have debated that there are a narrow pool
of judges meaning they may all have some bias. It is also argued that the judges have politically
interfered with their involvement with the human rights act. Nonetheless, I will be arguing that
judicial independence and neutrality has furthered in recent years as they have less political
interference and refrain from speaking publicly.
A view in agreement to the statement that judicial independence and neutrality is that in the source
it demonstrates that the senior judges are of the ages of 61+ and all have higher forms of education.
This is relevant as it highlights how the senior judges have a lot of experience operating in the court
and how it functions. This furthers the judicial neutrality as the judges know how to work in the
court and could put away personal bias as they have experience and high levels training. On the
other hand, it is argued that there are a narrow pool of judges all coming from a similar background.
In the source it shows that all the judges are white and the majority of them are men. This shows
that judicial independence and neutrality is not being furthered as senior judges coming all from one
background means that they may have an unconscious bias as they lack representation in the court.
Essentially, the argument that judicial neutrality is furthered holds more weight as their experience
and high levels of training allows them to put aside any personal bias when administrating justice.
Another argument in agreement with the view that judicial independence and neutrality is being
furthered is that in the source it says, ‘the judicial function of parliament ended in 2009’. This
suggests that there has been more independence as the senior judges become less politicised and
move away from any political influence allowing them to enforce justice without any political
interreference. Nevertheless, an argument in disagreement with the view that independence has
been furthered is that the source states that ‘the past 25 years has seen a growing judicial activism’
and although this has positives it has interfered with how the human rights act is applied. in the
case of R V secretary of state for the home department (2003) the judge called the process of asylum
seekers who could not apply for benefits on arrival ‘unfair’. Speaking on political issues makes judges
more politicised leading them further away from judicial independence. However, the separation of
judges and parliament have allowed them to act independently and away from any political
influence.
Finally, another argument in agreement with the view that judicial independence and neutrality is
being furthered is the constitutional reform act 2005 ‘strengthened the independence of the
judiciary’. This act allowed new judicial appointment commissions to operate meaning that they
were becoming more separate from parliament. However, politicians have spoken publicly on rulings
and have criticised them meaning that there may be some political influence on decisions.
Essentially, senior judges continue to separate themselves from politicians and from the parliament
allow them to act on their decisions free of any political influence.
In conclusion, judicial independence and neutrality has furthered in recent times although the
narrow pool judges have been drawn from may lead into some bias and their criticisms of the
human rights act may pull them into some political influence, senior judges have high levels of
training and can operate and administrate free of any influence or bias.
