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Are Judges becoming too Powerful and Politicised?
HUMAN RIGHTS ACT (1998) makes judges too powerful as they have the right call judicial
reviews if laws do not uphold HRA regulations.
Factortame Case- Proved how EU law is above UK law as Spanish fishermen were granted
the right to fish in UK waters.
Judges are unelected thus who are they accounted to?
Judges block the government from safeguarding the public.
Judges are less likely to do their jobs well if they're too politicised.
Neutrality & independence reduced.
Too interfering in something which should be up to the government to decide upon.
Judges know the best how the law works in practice thus should be able to reform
bad laws for better e.g. Warren Courts of 1960 America where they advanced human
rights and increased rights of the accused.
Judges have to step into situations where MPs are too cowardice to decide on a
topic, mainly on ethical and moral grounds e.g. abortion or euthanasia.
Judges can make sure the Government is doing the right job and using their power
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If judges were elected, then they would only decide on cases which would gain them
publicity and which would get them re-elected.
To enhance power, it helps judges to do a necessary and important job.…read more