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Advantages
- Judges exercise the rule of law and can use the HRA and their power of judicial review to ensure rights in the UK are fully protected.
- Enhanced measures for judicial independence have meant the judiciary is independent of the other two branches of the political system and can defend rights based only upon the law, without political pressure.
- Judges are neutral and can protect a person's rights without discrimination or considerations of their beliefs, character or other traits, making them more effective at upholding individual rights.
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Disadvantages
- Judges are undemocratic and unaccountable so many abuse their position. They have no incentive to promote controversial cases.
- While independent, senior judges work with parliament to advise on the legality of legislation. This means that judges have played a role in the creation of legislation and are less likely to approach issues over human rights with true independence or neutrality.
- The lack of a codified constitution means the judiciary cannot strike down primary legislation (only declare it ultra vires). This means that, even if they decide there is an abuse of human rights, they are powerless to do anything about it. JUDGES CAN ONLY APPLY THE LAW AS IT STANDS.
- Judges are unrepresentative and from a narrow social and gender background, making them less aware of the issues. facing most people. There is a belief that judges naturally favour conservative and privileged groups over other individuals.
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