Question to be hand written and completed under timed conditions.

 

 

The British Constitution

 

Read the extract below, and answer Questions 01, 02 and 03 that follow.

 

The Judiciary and the Political Process

Judicial independence is an essential feature of democratic political systems. The

Judiciary's main roles are to interpret the law, peacefully resolve disputes between individuals, try cases and punish wrongdoers. However, it has often been regarded as having limited interest to those who study politics. This has been particularly so in Britain where judges, unlike their counterparts in countries such as the USA, have traditionally not been called on to interpret the constitution. One of the reasons for this, of course, is the absence from the United Kingdom of a codified constitution such as that in almost all other countries. Nevertheless, in recent years, judges have become increasingly significant figures in the political system. This is a development that has aroused disquiet among some elected politicians who now see their policy-making role as being under threat.

 

01 Explain the term judicial independence used in the extract. (5 marks)

 

02 Using your own knowledge as well as the extract, explain why the absence of a codified constitution in the UK has traditionally resulted in judges having a limited role in interpreting the constitution. (10 marks)

 

03 ÔRecent constitutional developments have led to an increasingly political role for judges.Õ Discuss. (25 marks)