The Judiciary (also known as judicature or the judicial system) is made up of the different courts in a country that applies and interprets the law created by the sovereign body, which in the United Kingdom is Parliament. The court doesn’t make the law; their duty is to interpret them after they have been created. This process is defined by the separation of powers, which states that each government should have a clearly defined function in order to prevent confusion or abuse of power. The Judiciary is very essential to the English Legal System. It doesn’t only interpret the law but provides various mechanisms and institutions for resolving disputes. The selection of merit alone cannot produce a diverse judiciary hence there should be other methods the judiciary can use. The reason why there is a lack of diversity in the judiciary is due to the fact that they are stuck up to what has been practiced over the years. Further diversity is needed in the …show more content…
They have for years been stuck to one particular system and have refused to switch up. They continue to recruit the same set of people, which are highly educated and experienced legal practitioners. This lack of diversity is a huge problem because it is affecting the experiences of people who use the court and limiting judicial perspectives on critical issues. My argument is that the issue of judicial diversity is inherently political and only a political commitment to change will bring it about. There are other democracies that have successfully been able to change the composition of their judiciary such as Canada and South Africa. This is a result of strong political commitment to change. In England and Wales, this is lacking. The official approach to the problem of lack of diversity is to argue that non-traditional candidates becoming candidates for judicial positions would lead to
In many nation states, it is noticed that there is a disproportionate number of black people especially those youngsters going through the criminal justice system. The overrepresentation is illustrated by related data released by the U.S. Department of Justice and the House of Commons Home Affairs Committee. In America, almost 3500 per 100,000 residents of the black male were sent to jail in 2013 which was over seven times more than the ratio their white counterpart had and in England and Wales, 8.5% of young black people aged between 10-17 were arrested during the same period .This essay aims to explore the reasons behind the ethnic overrepresentation in the criminal justice system and believes that the higher rate of offending for some race groups and the existence of systematic racist which partially stems from the contemporary media distortion are attributive to the overrepresentation.
They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law. The purpose of the jury system was to ensure the civil rights of the ordinary citizen. It is important to remember that at the time, ordinary people had few rights.
Theoretically the powers in Britain are generally well separated with each body being in charge of a different aspect. The executive (government) is in charge of making and proposing policies as to which laws should be brought in, the legislature (parliament) is put in charge of passing the laws proposed by the executive and bring them into effect, and the Judiciary is in charge of interpreting the meaning of these laws and apply these laws in court. In reality, however, these powers seem to overlap with each other quite often. The process of making the law is through passing Acts of Parliament and by use of delegated legislation. Judges use these acts to judge cases and apply it in court. However, nowadays, judges do not only apply these acts, but are also able to ‘make law’ themselves by using the doctrine of judicial precedent and statutory interpretation.
The American Government was designed to represent the people who are voting members of society. When analyzing the makeup of government, one could find that women have become an integral part to American politics. With the rise of female politicians, minority female political leaders still tend to come in low numbers. One could argue that the inclusion of minority females in politics is solely up to women. The responsibility of representing the American population as a whole should not be solely placed on one designated person or group but rather a collective effort of all. Minority females are typically seen at the negative end of statistics rather it is in education, health care, employment and the economy.
“The Judiciary is the safeguard of our liberty and of our property under the constitution”. This quote is a good description of the judicial branch and courts. The Judiciary is a safeguard of our liberty because it governs the court system, which keeps society in line.
Observation suggest that about one third of the working population enjoy teamwork, one third are indifferent and one third prefer to work solo
The United States population continues to increase in racial and ethnic diversity, therefore, it is pertinent that mental health professionals tailor their services to the needs of various cultural populations (Constantine, Kindaichi, Arorash, Donnelly, & Jung, 2002). The awareness that ethnic minorities experience negative consequences from being oppressed, resulted in the multicultural competence pedagogy and has helped counselors identify effective strategies to generate social change (Hage, 2003; Vera & Speight, 2003). Social norms that cause these injustices are identified, allowing for ethnic minorities to constitute and embrace empowerment. Moreover, this consciousness helps prevent therapists own bias’ from playing potentially oppressive roles stemming from their own worldview and builds on an understanding of their diverse clients life experiences (Sue & Sue, 2012). Counselors who commit themselves to social justice, value the fairness and equity in treatment and rights for marginalized individuals. According to Sue & Sue (2012), “an enlightened approach that acknowledges potential oppression in the manifestation, diagnosis, etiology, and treatment is best accomplished by taking a social justice approach,” which may be by challenging traditional models of therapy (Kindle Location 2919).
According to Wonders (2009), understanding that difference is socially constructed is a critical first in ensuring justice in a democratic society (p.14). In today’s American society, where high profile cases of unarmed black males dying at the hands of the police permeate the media, this critical first step is more important than ever. Recent events across the country have highlighted the lack of diversity in police departments and other law enforcement agencies. Across the nation are acute differences between the makeup of local police forces and the demographics of the communities they serve (“Diversity In Law”, 2015). A lack of diversity in the police and other criminal justice departments may have harmful consequences for everyone involved.
First of all, judges play an essential role in our democracy, by interpreting the law and being impartial, they make decisions which keeps our country in a democratic state. Judges promote and support charter rights, including freedom and equality. A strong case that proves that judges are an essential part in a democracy is shown in the case of Obergefell v. Hodges, John Obergefell was fighting for the legalization of same - sex marriage in The United States. On November 2014, the case went to the supreme court where it caught the attention of the nation. Obergefell was not only fighting for his own rights
I believe the growing diversity in the U.S. does pose special challenges for law enforcement and those in the criminal justice profession. Some of the challenges is within the communities of color there is distrust of anyone in the criminal justice profession. There is a also a feeling of when there is an encounter with law enforcement it is not going to be a safe situation, especially with the shooting that have been taking place.
Our Supreme Court, considered the most diverse in its history, has six Catholics, three African Americans, three women, three Jews, two Italian Americans, and the first Hispanic justices. While we have gender, racial, and religious diversity, however, all nine justices on the Roberts Court graduated from Yale and Harvard Law School. They all followed a narrow and similar professional career path. Our current bench not only lacks educational diversity, but also experience in politics, criminal defense, and as solo practitioners. For a well reflected understanding of the communities the Supreme Court serves, educational and professional diversity on the Supreme Court is imperative.
Kate Malleson remarks that even the current recruitment pool which is dominated by middle aged successful barristers does seem to evoke John Griffith's theory of judicial conservatism. However, the apparently conservative composition of the judiciary does not necessarily mean that it gives preference to traditional views. In contrast to the US Supreme Court, there is little concern whether a UK judge’s social and political views a...
Judicial review seeks to enforce and uphold constitutional doctrines which govern the UK’s uncodified constitution by scrutinising administrative action. One constitutional function of judicial review is to enforce the rule of law. It can be argued, in defining the rule of law as “negative value...designed to minimised the harm to freedom and dignity which the law may cause in its pursuit of its goals” Joseph Raz characterised judicial review. The principle of which states the executive is to be ruled by the law and subject to it.
“We are blessed in the united kingdom by a judiciary whose integrity, dependence, professional-ism and skill that is not in question. But we take such a condition for granted at our peril. Justice is a delicate plant. It has to be ruptured, protected, cared for” Straw, Jack (July, 2007).
Diversity within the context of public administration refers to the differences and similarities that exist among an agency’s employees, potential employees, customers and other stakeholders. The differences and similarities include groups that are legally defined by equal opportunity laws and regulations which includes (but is not limited to) ethnicity, sexual orientation, gender and age. Public leaders are tasked with ensuring that agencies follow best practice standards to ensure equal opportunities for employees of each of these groups. In order to do so, public leaders must value the complexity of diversity in order to understand that few employees will be defined as belonging to a particular group (N...