“Do judges in the UK make political decisions? To what extent should judges be able to make decisions on political grounds? Your answer to this question should include reference to specific case law.”

Their is no clear definition of what a political decision is, however I believe a political decision is a decision which results in the formation of political policy. The difference between a political and a legal decision is the foundation of how its decided. Legal decisions are made following common and statutory law whereas political decisions are made upon political principles and ideologies backed up by a political mandate. This definition already implies that these decisions should be separate and vested in different bodies.

The government and the crown originally controlled the judiciary up until World War two in which the importance placed upon the courts had amplified. The independence of the judiciary became a significant factor for a truly democratic state and this has been further developed by Montesquieus theory of separation of powers. However it appears that recen…(short extract)