Joshua Rozenberg argues that the criticism greatly affected the confidence of judges in their constitutional role.However, he asks, “but did it change the way judges worked?
This assignment will be marked out of 100%
Also, this assignment contributes to 100% of the total module marks.
The word limit is 6000 words.
Your Journal should contain 4 journal entries plus 4 workshop/discussion board reflections from the following topics;
Each Journal entry will be marked out of and contribute 20% to your overall module mark. So, 80% in total.
Your workshop reflections account for 20% of the module marks and will be based on your online [or physical in Term 2] attendance, engagement and participation.
In addition, you need to engage in classes and in the discussion board activity comprising reflections on the topic areas. More so, engagement in the workshops and discussion boards for your chosen topic areas is compulsory and you are requir ed to complete discussion board reflections.
20% in total.
HARD COPY by
5pm, 23.04.21 to TC117 [if no lockdown]
5. Judicial Law Making
Answer ONE of the following questions on the appropriate role for judges in a 21st Century democracy.
In November 2019, the High Court denied a full hearing to Phil Newby, who suffers from motor neurone disease and who was seeking to end his life.
Explaining their decision, judges said: “In the context of repeated and recent parliamentary debate, where there is an absence of significant change in societal attitude expressed through parliament and where the courts lack legitimacy and expertise on moral – as opposed to legal – questions, in our judgment the courts are not the venue for arguments that have failed to convince parliament.”
Do you agree?
‘Enemies of the People,’ the headline in the Daily Mail in November 2016, referred to the ruling of three High Court judges that government ministers did not have the power to trigger Article 50 thereby giving notice to the EU of the United Kingdom’s intention to leave. The High Court rule d that the power lay with Parliament and not the executive and that an Act of Parliament was need ed.
Joshua Rozenberg argues that the criticism greatly affected the confidence of judges in their constitutional role.However, he asks, “but did it change the way judges worked? Was judicial activism in the UK replac ed by judicial deference? Or were 11 senior judges emboldened to rule three years later – in the most far reaching decision any of them had taken – that an order made by the Queen on the advice of her prime minister was no more than ‘a blank piece of paper?’”
Joshua Rozenberg, Enemies of the People? How Judges Shape Society
Discuss with reference to decided cases.