How political factors are impacting the judicial decision making process is a topic that has taken the attention of everyone these days. But there rises a question that exactly does it mean when we talk about that the political system is either shaping or de-shaping the judicial behavior. Unfortunately, no has any clear answer on this issue. The people who are practicing in the courts in United Kingdom say that the political factor is very wide phenomenon. Some people say that it is due to law’s indeterminacy whereas some concern about the short term policy preference by the judges. Some talk about the constitutional ideology whereas some talk about the influence of electoral reforms.
It is important for us to differentiate between the meanings of these terms. Firstly, there are a lot of types of political influence that vary from each other. In some aspects, there is a significant evidence that the political grounds effect the judicial behavior. Whereas a different school of thought says that that there is a negligible evidence about the political involvement in the judicial decision making process. Whereas some people think that there is no evidence about the connection between political factors and the judicial decision making and say that all the claims that are made on this issue are proven to be wrong. Therefore, if we say that the judicial process if effected by the political factors, then we to have to clearly identify that what we men with the term politics.
Questions about the role of politics in the judicial system are sometimes connected with the question that how the courts are working in the British government. There rises a question that how the judges are responding on the issues that are directly related with the political issues of the country and that the decisions they making on these issues are really reflecting the rule of law in the country or they are making those decisions just to praise any other party? If the decisions are being made due to favoritism of the judges or due to the personal likes or dislikes of the judges than this is a big question on the transparency of the judicial system because personal political views of the judges will over through the legitimacy of the respected institution.
Most practitioners in the British courts generally think that the way we define politics generically, tat generic term of politics is playing some role in the judicial decision making process. But still this theory gives rise to a whole new debate that how the term politics is affecting the courts and what are the reasons which are making this term a symbol of fear. The general concept of politics which applies to the judicial system is known as judicial discretion. According to a recent study, judicial decisions are considered to be based on the political grounds if they are not implemented by the legal authorities as per the verdict.
Since the occurrence of the World War II, the most important constitutional change that has come in the United Kingdom is the rise of the importance of judicial system. A question that is under debate in the United Kingdom is, what are the proper functions of the judiciary and to what extent it can go before it can start interference in the matters of the government and before it can trespasses the legislature of the democracy.
While writing the judgments, judges analyze and apply various sources from the law and most of the time, while writing the judgment, they differentiate between them1. Sometime while writing the judgment, they undergo a proper legal examination through which they study all the rules and regulation that are required to make a decision of a particular case. The result of that examination is called ratio decidendi, which is called the reason behind the judgment2.
The role of a judge is to listen the arguments of both of the parties and to give a decision that will resolve the dispute among them. While presenting the case in the court, both of the parties think that they are right and can prove their stance correct and can succeed the case by giving substantial arguments in the court. Therefore, at this stage, it become difficult for the judge on how to make a right decision1. To give a rational decision, the judge has to think according to the rules and standards of the constitution. But we have seen that the political influence has affected many decisions of the courts where the administration is bound to implement the decision by the court but the administration does not implement that and thus jeopardize the verdicts of the courts.
We have seen many times that the political elite effects the judicial decision making process3. For example, if there is case in the court that has been presented by one political party against the other, obviously the court cannot make happy both of the parties in a case. Therefore after the decision is made, the party against which the decision is being made, they start not only criticizing the court but start saying that they won’t be accepting this decision by the court. Especially this has been seen in the developing countries where it is very common1. If we talk about the Asian countries like India and Pakistan, this phenomenon is very common there. The political elite always try to effect the judicial decision making process and god forbid, if the decision is made against them then they start protesting and never accept the verdict of the court1.
The role politics should be ended from the judicial decision making process. As it is not only the violation of the law but it also effects the society and the every person who is living in our surroundings.
The Feminist judgment project
It is an imaginative and a unique project which collaborates between a groups of female activists that are working on writing feminist judgments on the famous cases that were originally presided by the male judges. Many of the verdicts originally written by the male judges come to a contradiction as the female activists and the legal practitioners think that the original decision was made on the basis of biasedness. But this is not the case of all times. Sometimes these activists agree with the original decisions.
Political elite of this era is definitely giving a hard time to the judicial system in order to take verdicts of their own will. Judicial decision making process is a process which needs to be strong enough that it can make any type of decision without the interference of anyone. Without the interference of the political elite, general public or any other so that the decisions it make should be in the favor of general public and benefits that maximum number of people. The violation of the rules and regulations on political grounds has become a common phenomenon is our society but to make our nation more successful and to flourish in the world we have to get rid of this most persistent headache.
Crawford, Bridget J. “Using Feminist Theory to Advance Equal Justice Under Law.” (2017).
Gargarella, Roberto, and Theunis Roux. Courts and Social Transformation in New Democracies: an institutional voice for the poor?. Routledge, 2017.
Hunter, Rosemary. “Analysing judgments from a feminist perspective.” Legal Information Management 15, no. 1 (2015): 8-11.
Parisi, Francesco, and Jonathan Klick. “Functional Law and Economics: the search for value-neutral principles of lawmaking.” In Law and Economics, pp. 114-130. Routledge, 2015.
Wacks, Raymond. Understanding jurisprudence: An introduction to legal theory. Oxford University Press, 2017.
- Gargarella, Roberto, and Theunis Roux. Courts and Social Transformation in New Democracies: an
institutional voice for the poor?. Routledge, 2017. ↑
- Wacks, Raymond. Understanding jurisprudence: An introduction to legal theory. Oxford University Press, 2017. ↑
- Parisi, Francesco, and Jonathan Klick. “Functional Law and Economics: the search for value-neutral principles of lawmaking.” In Law and Economics, pp. 114-130. Routledge, 2015 ↑
- Hunter, Rosemary. “Analysing judgments from a feminist perspective.” Legal Information Management 15, no. 1 (2015): 8-11. ↑
- Gargarella, Roberto, and Theunis Roux. Courts and Social Transformation in New Democracies: an institutional voice for the poor?. Routledge, 2017. ↑