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EVALUATE THE VIEW THAT JUDGES RATHER THAN POLITICIANS ARE BETTER PLACED TO…
EVALUATE THE VIEW THAT JUDGES RATHER THAN POLITICIANS ARE BETTER PLACED TO PROTECT HUMAN RIGHTS IN THE UK
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Judges have a tradition of independence, preventing them from making decisions based on what politicians want.
There are limits to the independence of judges, for example tighter sentencing guidelines and mandatory minimums, so judges can be influenced by the government, suggesting it makes more sense to have politicians protect the rights of citizens in the UK.
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For example, the Human Rights Act has allowed courts to defer to an act of Parliament, or to decisions of the legislature or executive, and the appointments process no longer allows the Lord Chancellor to have so much power, which stops the govt from stacking the Supreme Court with their allies.
Being independent means the judiciary shouldn't be influenced by the govt, parties or politicians, and this is written in the Constitutional Reform act 2005.
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