|
Papers > Miscellaneous > Legal Method
This is a preview of a paper to view the full text you need to signup and login.
Legal Method |
|||
|
Registration No: 0002 1850 2010 Module Title: LAW 101 – Legal Method Introduction In theory, Lord Bingham is right in asserting that the personal views of the judiciary should not influence the decisions which courts are obliged to make on a daily basis. ... The increasingly contentious role of the Lord Chancellor will also be discussed before evaluating the ways in which a more representative judiciary may be able to play a pivotal role in the future of our legal system. ... Furthermore, for an effective justice system, the public must feel that they can trust that legal decisions, often affecting their futures (particularly in criminal trials), are being decided by people who will not act in a prejudicial way. ... However, more recently Martin Shapiro actually questions the notion of judicial independence and impartiality; he argues that as the courts take up the role of adjudicator, the common-sense approach (which is found in the ‘mediation’ method of resolving disputes) is lost and is replaced by courts imposing legal doctrine on parties so that one party is ‘right’ and the other is ‘wrong’. The legal system thus becomes an over formalistic mechanism of resolving disputes where the consent of the parties involved is largely ignored and instead is replaced with the authority of the law – ‘pre-existing norms supported by the power of the state’ . ... Not only is this a healthy approach for democracy and a stable legal system which everyone has faith in, but it ensures that every person is entitled to a fair trial without being prejudiced by the somewhat conservative attitudes of judges. ... The judiciary is the body responsible for the effectiveness of our laws and if we cannot find faith in them for justice, then the whole legal system in the UK would be considerably weakened and consequently wield very little authority. ... Making the judiciary accountable So, if we desire an impartial legal system then surely the judiciary is to be made accountable for the decisions (often far-reaching ones) it makes? ... But we must ask ourselves how realistic is it to assume that this is a credible method of accountability when it would be a clear acknowledgement and admission of the failings and incompetence of the lower courts? Some judges have been reprimanded by the appellate courts for both their comments and legal decisions, but rarely are they removed from the bench. ... The future of the judiciary So how do we proceed to safeguard against Lord Bingham’s suggestion that legal decisions must not be influenced by one’s personal opinions? ... Perhaps the only way to guarantee a fairer system is to incorporate a wider range of views and attitudes amongst our judges; evidently that is not forthcoming but laws such as the Court and Legal Services Act 1990 may go some way in changing the composition of the judiciary. |
|||
To link to this page, copy the following code to your site:
Paper Information |
|||||
Title: Legal Method
|
|||||
Signup & Login |
|||||
If you don't currently have a login then Signup here |
|||||
| Pre-Written Papers | |||||
|
|||||
| Custom Papers | |||||
|
|||||
Copyright 2003-2008 doingmyhomework.com. All rights reserved.