Debating Judicial Appointments in an Age of Diversity

1. Auflage 2017
ISBN: 978-1-138-22535-0
Verlag: Taylor & Francis Ltd

Buch, Englisch, 342 Seiten, Format (B × H): 241 mm x 164 mm, Gewicht: 638 g

What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges?

There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments.

Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC’s first ten years; appointments to the UK Supreme Court; the pace of change; definitions of ‘merit’ and ‘diversity’; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.

Zielgruppe

Postgraduate and Undergraduate

Autoren/Hrsg.

Gee, Graham

Rackley, Erika

Fachgebiete

• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Allgemeines Prozessrecht, Kostenrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

Preface

List of Contributors

1. Introduction: Diversity and the JAC’s First Decade
Graham Gee and Erika Rackley

2. The JAC’s First Ten Years

Christopher Stephens CBE

Reflection

Sir Thomas Legg KCB QC

3. Power and Judicial Appointment: Squaring the Impossible Circle
Alan Paterson OBE

4. ‘Opening up’ Commonwealth Judicial Appointments to Diversity? The Growing Role of

Commissions in Judicial Selection

Jan van Zyl Smit

5. The Judicial Service Commission: Lessons from South Africa

Cora Hoexter

6. Diversity without a Judicial Appointments Commission – The Australian Experience

Andrew Lynch

7. Diversity, Transparency and Inclusion in Canada’s Judiciary

Samreen Beg and Lorne Sossin

Reflection

Frances Kirkham CBE

Reflection

Noel Lloyd CBE

8. Judging the JAC: How Much Judicial Influence Over Judicial Appointments Is Too Much?

Graham Gee

9. Judicial Diversity and Mandatory Retirement: Obstacle or Route to Diversity?

Alysia Blackham

Reflection

Karon Monaghan QC

10. Judicial Diversity: Complexity, Continuity and Change

Hilary Sommerlad

11. Beyond Merit: The New Challenge for Judicial Appointments

John Morison

12. Problems of Scale in Achieving Judicial Diversity

Rosemary Hunter

Reflection

Cordella Bart-Stewart

13. The Disruptive Potential of Ceiling Quotas in Addressing Over-Representation in the Judiciary

Kate Malleson

14. Three Models of Diversity

Erika Rackley and Charlie Webb

Reflection

Jenny Rowe CB

15. Appointments to the Supreme Court

Lady Hale DBE

Appendix I: The JAC’s Selection Exercise Activity (2006–2016)
Appendix II: Key Officeholders During the JAC’s First Decade
Appendix III: Outline of JAC Selection Processes
Appendix IV: About the Cover Image

Index

Über Autor(innen)

Graham Gee is Professor of Public Law at the University of Sheffield, UK.

Erika Rackley is Professor of Law at the University of Birmingham, UK.