The Judiciary Of State For The Home Department

The Human Rights Act 1998, under which rights are to be 'brought home' (1), incorporates the rights guaranteed by the European Convention of Human Rights 1950 into domestic law. It appears to raise issues in the UK concerning the separation of power, as it seems to provide the courts news powers that dispute Parliament sovereignty and the executive on a certain level. This essay is going to discuss the scope of the judiciary power through the content of HRA 98, then through the competing rights concerning privacy and press freedom and finally through the ones concerning fair trial and freedom of expression.

Becoming a judge is a very fulfilling and rewarding career path. With a great salary and many benefits, a judge is a great job to have. The role of a judge is to interpret the law, evaluate the evidence given, and are one of the most important decision- makers in a courtroom. Judges have to accomplish many tasks like researching legal issues, evaluating records, motions, and applications, listen to and evaluate two sides of an argument, decides whether or not the procedure is being carried out according to the rules and law, and much more. Some important qualities that a judge must have in order to be successful is to have good writing skills so they can properly write recommendations and verdicts on disputes in a manner that each side understands the decision. Reading skills are important as well because a judge has to be able to distinguish important facts from a lot of complex information. A judge needs listening skills so they can pay attention to each side’s arguments in order to reach a fair solution. Decision-making skills are also vital for a judge to be able to evaluate the facts, apply the rules of the law, and make a just decision relatively fast. Lastly, critical thinking skills are also needed in order for a judge to correctly apply the rules of the law while not allowing personal opinions to interfere with the proceedings. With the right skills and mindset, becoming a judge will have many benefits and be very rewarding.

The criminal courts are responsible for determining the guilt or innocence of the person that is accused (Griffiths, 2015, p.147). As well as the courts are supposed to conclude the appropriate sentence while protecting their rights of the accused. The outcome that comes from the criminal courts is that the judgement is made to be fair, impartial and no political intrusion. Furthermore, the main focus of the courts is the find the fundamental problems, the interagency and interdisciplinary collaboration and the accountability to the community. (Griffiths, 2015, p.147). The court is supposing to keep the fairness and equality through the society.

Human Rights Act 1998 provision 4 outlines the right to declare an act incompatible with a convention right. Provision 7 outlines the right for judicial review and that it can only occur if the action of a governmental body has acted unlawful. Provisions 4 – 7 seem to be concerned with judicial review, therefore clearly evident that the act made substantial changes to the role of the judges.

Judges represent many roles. Judges have a tough profession. They, under oath, are held to uphold and honor the laws. They understand the law, evaluate the evidence submitted, and manage how hearings and trials unfold in their courtrooms. The most crucial of all, judges remain impartial decision-makers in the pursuance of justice. We have what is acknowledged as an adversarial practice of justice. Specifically, legal cases are contests within opposing sides, that assures evidence and legal disputes will remain fully presented. The judge, nonetheless, remains above the fray, rendering an independent and impartial assessment of the facts and whereby the law pertains to those facts (Bohm & Haley, 2011).

Over the years, judicial diversity has been an issue of concern for Wales and England. Reform initiatives and debates for judicial diversity are critical features of various common law jurisdictions. The country faces gender and ethnicity diversity as the major dimension of inclusiveness in the judicial system. Critics have raised general

The rule of law as proposed by A.V. Dicey asserts that no man should be punished except for conduct in clear breach of the law.  This assertion supports the fact that the legal system rests on the objectivity of the Judiciary.  Where we are governed under a system which rests upon the impartial application of laws, and under which citizens’ rights and obligations are regulated by those laws, there must be an established and accepted system for making law.  The law must be publicly known. Interference with rights and obligations must be justified within the law as the perception of rights, freedoms and equality in society is influenced by the quality of Judicial rulings.

The Human Rights Act 1998 was fully enforced in 2000 and describes further effect to freedoms and rights that are entitled under the ECHR (the European Convention on Human Rights) (Ward, Wragg & Walker 2011, p. 146). The constitutional framework of the United Kingdom implies that the Human Rights Act 1998 is not ‘embedded’ in the same way as the human rights papers that are adopted by many nations in the world. Nonetheless, it is argued that any attempt to amend or repeal the provisions of the Human Right Act 1998’s would necessitate the clearest probable words. It is significant to note that the scheme of the Human Rights Act is complicated, as it requires public authorities to undertake their functions in compatible with the ECHR, and it provides the Convention and related jurisprudence with an important influence over the domestic law interpretation (Ward, Wragg & Walker 2011, p. 147). Conversely, it impedes the courts from invalidating incompatible Parliament’s Act and in this respect; it does not provide the Convention with a primacy over domestic law. This paper seeks to evaluate the degree to which the Human Rights Act 1998 has fully incorporated the ECHR into the United Kingdom’s legal system.

1) Six principles of most judiciary systems, as defined or implied in a resolution adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, are: independence (i.e. freedom from other branches of government r other constraints), impartiality, sole rights of jurisdiction and jurisdictional purview (the courts decide what cases they will here, and what falls under their discretion), fair and equal access, confidential in its deliberations, and with direct authority and jurisdiction over accusations of judicial misconduct (i.e. self-policing) (UN, 1985). From these principles, it is easy to determine what two primary objectives of a judiciary might exist from a socio-legal perspective. Judiciaries serve to make sure laws created are fair to society, and that these laws are fairly, equally, and impartially applied to all within the laws' jurisdiction.

The judiciary branch maintains the responsibility of ensuring justice with equality. Therefore even though this branch does not make laws, through a judicial review it does reserve the power to change the law if they find that the states laws are incompatible with legislation of the constitution

Points I will cover in this essay are :Summery of the US Judicial System,standard organizational system and issues and challenges that faces each component system. The three component of US justice police, courts and corrections organization and administration work diligently and effortless to deliver the optimal fairness to much extent .How the three component of the US justice system deliver fairness is sometimes questionable. The three parts of the criminal justice system operate together under the rule of law and principal means of maintaining the rule of law within society.

In order to accommodate minorities and underline the importance of racial equality, the judicial system must implement innovative changes to better serve the country’s ethnic diversity. Torres-Spelliscy et al. (2010) encouraged diversity in the American court system and provided ten practices to attract the brightest female and minority candidates for the judiciary, and they are as follows: (1) grapple fully with implicit bias; (2) increase strategic recruitment; (3) be clear about the role of diversity in the nominating process in state statutes; (4) keep the application and interviewing process transparent; (5) train commissioners to be effective recruiters and nominators; (6) appoint a diversity compliance officer or ombudsman; (7) create diverse commissions by statute; (8) maintain high standards and quality; (9) raise judicial salaries; and (10) improve record keeping (p. 3). Appointing minorities and females to the U.S. bench will increase public confidence, and it will also bring important value towards the representation of women and ethnic groups.

If Parliament passes an act that is in contravention with the Human rights act, the courts have the mandate to declare such acts as

The judiciary is the third most powerful branch of government. Judges law-making ability is considered ‘second’ to legislation and statute. Judges are limited by Parliament when creating, and interpreting law. Legislation overrules precedent, and common law due to parliamentary supremacy. The decisions judges make within court, and the common law has to be fitting with Parliament’s mandate. Legislation has authority over judge made law. This is because Parliament is democratically elected. An example of Parliament repealing judge made law is the Foreshore and Seabed decision in 2004. The Foreshore and Seabed case showed Parliament responding to the pressure of the majority, and restricting judicial decisions.

Judicial review is an application to the Courts to assess an action or decision made by a public body on a point of public law. A particular decision may be found to be in breach of natural justice or have been made ultra vires, that is, beyond the scope of the powers. The case of O’Reilly v Mackman shows the general rule that when claiming against a public body, judicial review should be used. Lord Diplock described this as an