The judiciary consists of some courts in their various rants in the state. They are mandated to interpret the law and the ambiguous clauses in the constitution. They also provide an oversight to the other arms of the government that is the executive and legislature. These are to ensure that those in a leadership position do not abuse their power and protect public property from theft and misappropriation. It also has its mechanism to evaluate its performance and discipline those within the system that are violating the laws. The court provides a platform for resolving disputes by according the accused and accuser a proper hearing and passing a judgment according. It has helped in the upholding of justice in the society. Due to the diversity in the nation as most states comprise of people of different cultures races religions and social status, the judiciary needs to be dynamic and accommodate difference so as to address the issues facing the people. The advancement of technology has also introduced crimes that were in existence such as the cyber- crimes.
Since the creation of the judiciary system, it had a hierarchy in which the top post was dominated by men. They comprised of the older men from the upper class. The idea was that their life experience made them better candidates for expedient justice on diverse issues. However with the increase in education on matters of law and justice the system needed to be dynamic in the and create a procedure of according judges higher ranks based on merit. These was not the case the appointment was made by the EX-judges and those in a leadership position. The criteria used was not provided. This system did not foster career growth nor hard work and accountability. It was dependant on whose issues one seemed to protect and the personal relationship with those carrying out the appointments. The system was biased it was therefore ironical to have full faith in the courts to deliver justice.
To date, there exists judicial appointment carried out by those in leadership positions. The qualified candidates are not accorded a fair chance to prove their worth for particular post. It is for loyalty to the leader in protecting their interest. A legal term is equal to a legislative term as with the incumbent of a new leader a particular judge is viewed as a threat. As one who will amend specific ambiguous clauses in the constitution and interpolate the constitution in favor of the opposition hence each leader feels safe after appointing a chief justice of their choice. Its therefore quite challenging to draw a line between the judiciary and the legislature and arouses question on the independence of the court. Many are of the opinion of the oversight role of the judiciary to provide checks and balance to the legislature, and executive is compromised.
There is a gender imbalance between female and male with most of the judges being men. This situation was cited by Robert Taylor back in 1992 however little efforts have been put in place in trying to correct the problem. When Baroness Hale became the first female to hold the title of the lord of appeal in 2004 it paved way for the entrance of more women into this career. It instilled a sense of self confidence that they too can make it in this field. The current statistic indicate that women represent less then 20% of the judges while they are majority of the population. This has led to the violation of women rights and their discrimination based on gender. Men do not fully understand the plight of women and the suffering they go through. Women stand a better chance of fighting for their rights/
As was the case when Andrea Madarassy sued Nomura International to the employment tribunal. She claimed that she was harassed, discriminated and victimized in her workstation because of her gender. She had equal qualifications to her male colleagues but was viewed only as a primary caregiver of services in the institution. She received lower wages and not stand a chance of career growth. The judge ruled against her and claimed she was the only employee complaining and it led to her dismissal. A female judge would have critically analyzed the case by enquiring more about the working environment. She stood a chance to win the matter if it was presided by a female. As per constitution act of 1975 on sex discrimination, it protects against the bias of persons based on gender.
England and Whales are both states with diverse cultures. Discrimination racial basis relatively corresponds to the population. It is challenging for other judges to fight against racial discrimination as they do not understand the forms it takes. They have neither experienced nor do they have most of their loved ones being victims of this menace. The judges from the various races stand a better in fighting for their inclusion and accordance of the full rights of a citizen. Such a case was witnessed in 1983. It was the United Kingdom against the Asians from Eastern Africa. The spouses of the women who were citizens of the United Kingdom and were not permitted to access the country. It brought a lot of emotional pain to these family as they were separated from their loved ones. The women had to bear the burden of traveling with their children to meet their spouses out of the country. This led to the breaking of some marriages and homes. These were despite the agreement of 1962 through the Common Wealth Immigration Act that allowed access of the United Kingdom to its member counties.
The existence of activist judges and restraint judges is fundamental. The activist will argue on the inclusion of specific statues and the repealing of particular clauses of the law and the constitution. These have helped to correct some social injustices and to try and make sure that the law is also a reflection of the current issues that are affecting people. The judgment entails a well thought of analysis of the situation of the victims and the perpetrators. The sentences also reflect the intensity of the crime as par the current society. In the past rape was not such a great offense, the victim could easily get compensated. The men were superior being and women were their subjects and viewed as objects for the sexual gratification of men. The perpetrators then went scot-free more so from the stigma associated with such an incident. In the modern society rape is such a great offense and violation of ones right. The victims are accorded the necessary support to handle the traumatizing ordeal while they seek justice. The perpetrators are accorded heavy sentences with some serving a life imprisonment for defiling children.The restraint judges aim to uphold and protect the constitution. Their judgment is based on the law, and there is no room for inclusion. Various scenarios are related to some fact, and hence some raid out causes can solve the cases. Their judgments are predictable. They have helped in ensuring that those in leadership positions do not violate the law. The courts have the challenge to strike a balance between the two while upholding justice.
The judiciary is such a vital organ for running a state as it ensures the upholding of the law and regulations. It also creates order and avoids chaos and conflicts. However, for its efficient functioning, it needs to be an independent body to provide its oversight duties and deliver justice without fear or favor. These will avoid criticism from the various arms of the government and the citizens. It also needs to a proper constitution of the judges with a representation of all genders, ethnicity, and backgrounds. Diversity is also essential in the system it will ensure correction of the social injustices and room for inclusion of all despite the religion and the social and economic status. When the judiciary meets the outlined criteria, the people will regain their faith in the courts, and a few will question judgment delivered. The interest in the study of law will increase as the courts are associated with justice for all.
Erika R, Women, Judging and the Judiciary From Difference to Diversity (Cavendish Pub Ltd 2014.)
Deanell R, Diversity in the judiciary: a conversation with Deanell Tacha (Kansas Law Review, 2011)
Laura P Diversity matters: judicial policymaking in the U.S. Courts of Appeals (University of Virginia Press, 2015)
Department of Constitutional Affairs (2005) Increasing diversity in the judiciary: summary of responses to consultation paper CP 25/04
Gordon M, Law in the western United States (University of Oklahoma Press 2000)
NC State University, Diversity Initiative (cox and Wyman Ltd 1997)
Jacqueline m and Chris T, Constitution and administrative law (cox and Wyman Ltd 2009)
Harry W, Principles and procedures in the administration of justice (Wiley 1975)
Ulrike S and Gisela S, Women in the Judiciary (Taylor and Francis, 2013)
ABA Presidential Initiative Commission on Diversity, Diversity in the legal profession : the next steps : report and recommendations : race and ethnicity, gender, sexual orientation, disabilities (Center for Racial & Ethnic Diversity 2010)
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