1st Edition

Debating Judicial Appointments in an Age of Diversity

Edited By Graham Gee, Erika Rackley Copyright 2018
    344 Pages
    by Routledge

    342 Pages
    by Routledge

    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.

    CONTENTS

    Preface

    Notes on 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

    ReflectionSir Thomas Legg KCB

    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 & Inclusion in Canada’s Judiciary

    Samreen Beg and Lorne Sossin

    ReflectionFrances 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

    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

    ReflectionCordella 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

    ReflectionJenny 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

    Biography

    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.

    "In this excellent book on judicial appointments, the subject-matter is given the Routledge treatment by these two leading professors, Graham Gee and Erika Rackley... Depending on what you are researching, the 22 highly qualified experts cover these topics: a review of the role and responsibility of appointments commissions; 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. So, you should find what you are looking for!"

    Phillip Taylor MBE, reviews editor, "The Barrister"