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.
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Review This Product
PROBABLY ONE OF THE MOST IMPORTANT PRESSING LEGAL ISSUES
Thu, 2 Nov 2017 | Review
by: Phillip T.
PROBABLY ONE OF THE MOST IMPORTANT PRESSING LEGAL ISSUES
OF OUR AGE AS WE ENTER THE FOURTH INDUSTRIAL REVOLUTION… STILL UNPREPARED
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”
Equality, as part of a general policy of diversity, remains an outstanding and problematic topic for our times. 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, arising from the international conference held in November 2015. The visual illustration by Isobel Williams on the front cover is particularly striking for the three main levels of the judiciary (colour-coded)!
These questions are posed by the two Professors:
“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?”
Not easy questions to answer, and we all have our own ideas of the approach which should be adopted! The editors go on to state that “there is broad agreement that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognizing diversity as an important goal of the judicial appointments regime”.
And they also suggest that “opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity”. Too true! This subject will not “go away” and remains an uncomfortable reminder of how little progress has actually been made in 21st century… at least, so far.
This book arrives to mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales. Professors Gee and Rackley have edited their work to cover comments from an array of talent: 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 United Kingdom.
Their purpose is “to provide a timely and authoritative insight into past, current and future debates on the search for diversity in judicial appointments”. For, as they say, “this is the age of diversity” although do not hold your breath if you think there will be any action soon. Ironically, the editors do mention immediate change with announcements made in July 2017 that Lady Hale is now President of the UK Supreme Court, Lady Black has become a justice of that court, and Singh LJ has been appointed to the Court of Appeal… sadly we have a long way still to go.
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!
The book was published on 11th September 2017 and it is available both as a book and an ebook.
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