University Law Essay: Stop and Search Powers and Judiciary

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This essay delves into the complexities of law and the judiciary, specifically examining the application of stop and search powers in the UK. It begins with an introduction to the fundamental principles of law and its role in maintaining order within society. The main body of the essay critically discusses the statement: ‘The courts have failed to adequately ensure equal protection under the law in their rulings on the use of stop and search powers.’ The essay explores the structure of the UK judiciary, including the Supreme Court and lower courts, and analyzes how various factors, such as politics, societal influences, and administrative practices, impact the judiciary's transparency and independence. It highlights the delays in justice delivery and the potential for bias, particularly in cases involving politicians and public servants. The essay concludes by summarizing the key arguments and emphasizing the importance of maintaining a balanced and just legal system. The essay references relevant books and journals to support its claims.
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Essay (law and Judiciary)
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INTRODUCTION...........................................................................................................................2
MAIN BODY..................................................................................................................................2
Discuss. ‘The courts have failed to adequately ensure equal protection under the law in their
rulings on the use of stop and search powers’.............................................................................2
CONCLUSION................................................................................................................................3
REFRENCES...................................................................................................................................4
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INTRODUCTION
Laws are those set of rules and regulations that has been formed in order to maintain law
and order within society. They cover every aspect present within society or related with people
living within it. In the following essay and question based upon law and judiciary is required to
be covered.
MAIN BODY
Discuss. ‘The courts have failed to adequately ensure equal protection under the law in
their rulings on the use of stop and search powers’.
Laws are those set of bodies that is used for balancing crime of both criminal and civil
nature within society. These contain law covering social, economic and political aspect existing
within society. Law has wider scope form view point of balancing peace and protecting
individual’s fundamental rights. In order to seek that laws is been applied in strict manner
formation of judiciary has taken place which has made applicability of law possible in correct
manner. Judiciary has been formed in order to protect constitution and guide fundamental rights
of person. Judiciary is been given power according to their jurisdiction which is based upon
territory and monetary value (Kadribašić, 2017). Judiciary in UK works as Supreme Court
which is highest court of appeal that handles all kind of cases which is been transferred from
High court. Then comes High court also known as court of appeal which seek into appeal made
over judgment passed by lower courts in this there are three divisions that is queens court dealing
with criminal offences, chancery division dealing with civil matters and family court dealing
with matters related to marriage or children (Butt, 2018). Lower courts these are the courts of
first instance which look into a case that is fresh in nature. This is how judicial system of UK
works and proper procedure has to be followed in order to make cases attain justification. Further
judiciary also works over common law and has been given powers to judges over forming laws
when required in order to maintain balance within society. In modern world judiciary has been
influenced because of various factors like politics, society evils and administrator’s worker
affects functioning of society. This has mainly impacted transparency of judiciary and also its
independence of it. Further complex process of decision making of Judiciary in UK has lead
delay in delivering justice which caused chaos within society. This has made judiciary lose its
importance and value in the eyes of people living in UK. Politicians with the help of their power
create impact upon decision to be passed by judges and it resulted into making them corrupt in
nature. Also judges at times becomes bias upon certain criminal on the advice of public servant
which make them get bailed within non bail able offence like rape or murder. Judiciary has made
justice look very complex and has influenced legal aid facilities which has restricted poor person
from getting justice. Judiciary due to these factors at time makes decision which is not been
accepted within society. This results into making constitutional framework to be violated
(Azeem, 2017).
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CONCLUSION
From the above discussion it can be concluded that laws are those regulations that has
been formed in order to maintain balance within society. Laws also provide with punishment and
fines over those people breaking rules prescribed with it. Further the essay discuss about
judiciary existing within society and how it has been influenced by various factors existing
within society. Judiciary is the authority that has been give power to handle cases of criminal and
civil nature. Judiciary has been making getting influence form various factors in negative manner
that is making judicial system collapse.
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REFRENCES
Books and Journals
Azeem, M., 2017. The Law and Judiciary in Pakistan: Beyond a Liberal Understanding. In Law,
State and Inequality in Pakistan (pp. 3-41). Springer, Singapore.
Butt, S., 2018. Religious conservatism, Islamic criminal law and the judiciary in Indonesia: a tale
of three courts. The Journal of Legal Pluralism and Unofficial Law, 50(3), pp.402-434.
Kadribašić, A., 2017. Marko Kmezić (2017) EU Rule of Law Promotion: Judiciary Reform in
the Western Balkans. Intersections, 3(2).
Kadribašić, A., 2017. Marko Kmezić (2017) EU Rule of Law Promotion: Judiciary Reform in
the Western Balkans. London: Routledge. 186 pages. Intersections. East European
Journal of Society and Politics, 3(2), pp.93-96.
Karczyński, Ł., 2020. Judiciary law-making and tax imposition in a statutory law system. A
Polish example. In 5th International Baltic Conference on Financial Law-the Financial
Law towards Challenges of the 21st century. Masaryk University.
Peters, R., 2020. The re-Islamization of criminal law in Northern Nigeria and the judiciary: The
Safiyyatu Hussaini case. In Sharia, Justice and Legal Order (pp. 600-621). Brill.
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