blog




  • Essay / How has the judicial role changed in British politics...

    More recently, it has been argued that the role of the judiciary in the United Kingdom has changed as judges have become more politicized in their decision-making. (Bowcott, 2011) Some argue that the justice system today is more active and more political than ever before in history. Usually, among the three branches of government, the judiciary is a subordinate branch, it is bound by "parliamentary sovereignty" and is detached from the political process in that the courts existed primarily to interpret the policies adopted by the other two branches , without real power to strike. down. In more modern times, this is true in theory rather than in practice. The judiciary is not considered as subordinate nor as independent (in terms of separation from political processes) as the theory prescribes. Judicial review has played an important role in giving the judiciary a more powerful role in the policy-making process. In addition, the UK's membership of the EU, the incorporation of the European Convention on Human Rights into UK law and the delegation of powers to elected assemblies across the UK are three main factors who played a key role in the rise of judicial activism in the courts. being of greater importance in politics. In addition to the 2005 Constitutional Reform Act in particular, which brought several changes to the judicial branch of government, judges themselves have become more willing to express their opinions and participate in public debates. And overall, the judicial role in the UK has definitely evolved in more ways than one. Before the 1960s, judges had never really used their power to overturn the actions of leaders they considered to be acting beyond their power or contrary to natural law. . However, a general change in attitude has seen j...... middle of paper ......the devolved assembly acted beyond its power, the courts can either remove or limit any retroactive effect of the decision, or suspend the conditions to allow for a correction. (Jones and Norton, 2010, p. 471) In essence, the decentralization of powers gave the judiciary another opportunity to become involved in political processes; however the courts interpret the legislation, it will have an effect on the devolved assemblies. the justice system has changed over the years. The largest and most egregious change in the judiciary is that it now has a more distinct personality from the executive, the distribution of powers is clearer, and judges are more engaged in the political process and to the public. The judiciary is now more involved in policymaking and other political processes thanks to constitutional and other reforms..