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Independence

It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law.

When carrying out their judicial function they must be free of any improper influence. Such influence could come from any number of sources. It could arise from improper pressure by the executive or the legislature, by individual litigants, particular pressure groups, the media, self-interest or other judges, in particular more senior judges.

It is vital that each judge is able to decide cases solely on the evidence presented in court by the parties and in accordance with the law. The responsibilities of judges in disputes between the citizen and the state have increased together with the growth in governmental functions over the last century. The responsibility of the judiciary to protect citizens against unlawful acts of government has thus increased, and with it the need for the judiciary to be independent of government.

As well as in fact being independent in this way, it is of vital importance that judges are seen to be both independent and impartial. Justice must not only be done — it must be seen to be done. It was for this reason that the House of Lords in the Pinochet case in held that a decision it had given had to be set aside and the appeal before it heard again by a panel of different Law Lords.

It had come to light after the original decision that one of the Law Lords might have given an appearance that he was not independent and impartial because of a connection with a campaigning organisation which was involved in the case. In those circumstances, and even though there was no suggestion that the Law Lord was not in fact independent or impartial, the decision could not stand.

Justice demanded that the appeal be heard again before a panel of Law Lords who had and gave the appearance to reasonable well-informed observers that they were independent and impartial. Whilst an independent and impartial judiciary is one of the cornerstones of a democracy, the practical ways in which this is given effect are often treated with suspicion. For example, judges are given immunity from prosecution for any acts they carry out in performance of their judicial function.

They also benefit from immunity from being sued for defamation for the things they say about parties or witnesses in the course of hearing cases. However, it is not right to say that Judges are above the law. Judges are subject to the law in the same way as any other citizen.

The Lord Chief Justice or Lord Chancellor may refer a judge to the Judicial Complaints Investigations Office in order to establish whether it would be appropriate to remove them from office in circumstances where they have been found to have committed a criminal offence. Judicial independence does, however, mean that judges must be free to exercise their judicial powers without interference from litigants, the State, the media or powerful individuals or entities, such as large companies.

This is an important principle because judges often decide matters between the citizen and the state and between citizens and powerful entities. For example, it is clearly inappropriate for the judge in charge of a criminal trial against an individual citizen to be influenced by the state.

It would be unacceptable for the judge to come under pressure to admit or not admit certain evidence, how to direct the jury, or to pass a particular sentence.

Decisions must be made on the basis of the facts of the case and the law alone. Judicial independence is important whether the judge is dealing with a civil or a criminal case. This requirement that judges be free from any improper influence also underpins the duty placed on them to declare personal interests in any case before it starts, to ensure that there is neither any bias or partiality, or any appearance of such.

A practical example of the importance of judicial independence is where a high profile matter, which has generated a great deal of media interest comes before the court. Such matters range from the criminal trial of a person accused of a shocking murder, the divorce of celebrities, and challenges to the legality of government policy, for example the availability of a new and expensive drug to NHS patients.

In the 24 hour media age in which we live, it stands to reason that the judge hearing the case will often be under intense scrutiny, with decisions open to intense debate. It is right that this is so. But it is important that decisions in the courts are made in accordance with the law and are not influenced by such external factors. It is also important however to observe one or two points which will have an impact on the outcome of the trial and our understanding of it:. The purpose of the above examples is not to suggest that judges never get it wrong, or that in criminal cases they have no say in the sentence handed down, but to give an idea of the factors they must consider when making decisions.

The protection of judicial independence has been the focus of international resolutions, the most prominent of which are:. Other bodies have endorsed judicial independence. For instance, in , the group of Asian — Pacific Chief Justices adopted a common set of standards for the promotion and protection of their judicial institutions, which included judicial independence. The essence of the commitment to judicial independence can be found in the oath that all judges in England and Wales have to swear when they take up their office.

The fundamental concept of judicial independence came into being in England and Wales in with the enactment of the Act of Settlement. This statute formally recognised the principles of security of judicial tenure by establishing that High Court Judges and Lords Justice of Appeal hold office during good behaviour.

Appropriate and formal mechanisms had to be in place before a judge could be removed. Since the Act of Settlement it has only been possible to remove a senior judge from office through an Address to the Queen agreed by both Houses of Parliament. Yes No. Tell us what you were looking for. About the judiciary About the judiciary The judiciary, the government and the constitution The justice system Who are the judiciary? Courts and Tribunals Judiciary About the judiciary The judiciary, the government and the constitution Judicial accountability and independence Independence.

The judiciary, the government and the constitution Constitutional reform How the judiciary is governed Judicial accountability and independence Independence The principles of judicial accountability Judicial conduct Other forms of accountability The justice system and the constitution The right to appeal Judges and Parliament Judicial appointments Oaths. Independence from whom and what? Why is independence important? Independence and the appearance of independence As well as in fact being independent in this way, it is of vital importance that judges are seen to be both independent and impartial.

The ways in which independence is protected and its limits Whilst an independent and impartial judiciary is one of the cornerstones of a democracy, the practical ways in which this is given effect are often treated with suspicion. It is also important however to observe one or two points which will have an impact on the outcome of the trial and our understanding of it: In a Crown Court criminal trial in England and Wales: The judge does not decide guilt or innocence.

That decision is made by the jury, which is made up of resident citizens and registered electors selected at random. If the jury decides that the defendant is guilty, it is then the task of the judge to pass sentence. In doing so the judge will have to take into account the sentencing scheme which has been enacted in legislation by Parliament, and the various sentencing guidelines which have been agreed and published by the Sentencing Guidelines Council.

The Guidelines and the decisions of the Court of Appeal Criminal Division set out key considerations which must be taken into account by the judge when determining any sentence and provide a framework of appropriate sentences for the judge to apply. The judge is entitled to depart from the guidelines or a decision of the Court of Appeal Criminal Division only when the interests of justice require such a departure.

Any sentence that is unduly harsh or in the case of more serious offences is unduly lenient may be corrected by the Court of Appeal, on an appeal by the convicted person or a reference to the Court of Appeal by the Attorney General. In civil cases any errors by the trial judge may also be corrected by the Court of Appeal and In cases raising important points of law, the decisions of the Court of Appeal may be appealed to the Supreme Court It is important to recognise that, in both civil and criminal cases, what we read in the papers and see on the news will often only cover a fraction of what has been heard in court.

This is not a criticism of journalists. They only have a certain amount of space or time to cover a particular story. It is worth bearing in mind that, for instance, in a criminal case there are often many mitigating or aggravating circumstances surrounding the offence and the offender. These will have had a direct bearing on the sentence handed down and are often difficult for the media to report in full.

A good example of this is where a defendant pleads guilty to a crime. In such circumstances Parliament has directed that judges must significantly reduce the sentence.

They were endorsed in and set out a code of judicial conduct. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects Other bodies have endorsed judicial independence. Historical background: The fundamental concept of judicial independence came into being in England and Wales in with the enactment of the Act of Settlement. Did you find what you were looking for? Yes No Tell us what you were looking for Thank you for your feedback!

Evaluate and Judge

This handout will help you understand and write for the appropriate audience when you write an academic essay. Keeping your audience in mind while you write can help you make good decisions about what material to include, how to organize your ideas, and how best to support your argument. What details and stories might you include? What might you leave out? Yes, your instructor or TA is probably the actual audience for your paper. Your instructors read and grade your essays, and you want to keep their needs and perspectives in mind when you write. However, when you write an essay with only your instructor in mind, you might not say as much as you should or say it as clearly as you should, because you assume that the person grading it knows more than you do and will fill in the gaps.

Evaluating Legitimate Sources

It can also be said that the measurement aids evaluation process in which various tools and techniques are used in the collection of data. Measurement and Evaluation in Physical Education. Harbour, Jerry L. Journal of Social Work Education, 33 1.

How To Evaluate Websites: A Guide For Teachers And Students (Free Poster)

Evaluation in Teaching and Learning Process | Education

It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law. When carrying out their judicial function they must be free of any improper influence. Such influence could come from any number of sources.

This is a comprehensive guide to teaching students of all ages how to research. These sorts of everyday scenarios would be great to explain to students. Help them realise that research happens everywhere — not just in the classroom. Students need to know that the best site for them is not going to appear at the top of their search results. So more than half the time, people will leave a site almost immediately. Bouncing away from sites is a natural part of researching. Feel free to download a copy of the flowchart and share it with your colleagues.

Bouncing Off Sites Is A Natural Thing To Do

Not a MyNAP member yet? Register for a free account to start saving and receiving special member only perks. Part I of this report describes recent research on ways to rethink and restructure teaching and learning, coupled with new approaches to evaluation and professional development for faculty. Those findings have the potential to reshape undergraduate education in science, technology, engineering, and mathematics STEM for a much larger number of undergraduates. However, developing strategies for implementing and sustaining such changes requires the commitment of all members of a college or university community.

After reading this article you will learn about:- 1. Concept of Evaluation 2. Definition of Evaluation 3. Characteristics 4. Steps Involved 5. Purposes and Functions 6.

Student writing can be evaluated on five product factors: fluency, content, conventions, syntax, and vocabulary. Writing samples also should be assessed across a variety of purposes for writing to give a complete picture of a student's writing performance across different text structures and genres. These simple classroom help in identifying strengths and weaknesses, planning instruction, evaluating instructional activities, giving feedback, monitoring performance, and reporting progress. A teacher's first responsibility is to provide opportunities for writing and encouragement for students who attempt to write. A teacher's second responsibility is to promote students' success in writing. The teacher does this by carefully monitoring students' writing to assess strengths and weaknesses, teaching specific skills and strategies in response to student needs, and giving careful feedback that will reinforce newly learned skills and correct recurring problems. These responsibilities reveal, upon inspection, that assessment is clearly an integral part of good instruction.

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PART II Applying What Is Known: Strategies for Evaluating Teaching Effectiveness However, some examples of positive, multidimensional change have been faculty to develop new writing-intensive courses and introduce them into the civil Even the most effective teachers can do only so much to motivate students.

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