Judicial appointments system suffers 'democratic deficit', says think tank
The senior judicial appointments process in the UK is in need of "significant reform" according to research published yesterday (26 March). According to research by think-tank CentreForum - which comes ahead of the House of Lords report on the subject due out later this week - the current system for senior judicial appointments is "not fit for purpose", drawing on statistics such as the Supreme Court composition of 11 white men and one white woman.
March 27, 2012 at 05:04 AM
3 minute read
The senior judicial appointments process in the UK is in need of "significant reform" according to research published yesterday (26 March).
According to research by think-tank CentreForum – which comes ahead of the House of Lords report on the subject due out later this week – the current system for senior judicial appointments is "not fit for purpose", with the report's authors drawing on statistics such as the Supreme Court's composition of 11 white men and one white woman.
The paper addresses the "democratic deficit" in the appointments process and recommends a move away from the present system of ad hoc appointing commissions towards an expanded senior judicial appointments commission that includes input from the senior judiciary, cross-party parliamentarians and lay members.
The report demonstrates the overall leaning towards white men in the profession, with only five of the 54 most senior positions in the judiciary held by women. The most recent appointment process saw candidates assessed by 24 white men and one white woman.
The research also examined the senior courts in 10 other nations such as Canada, Australia and Sweden. The UK has the lowest proportion of female judges in its top court at just 8% compared with 44% in Canada and 38% in Sweden.
Report co-author, Professor Alan Paterson from the Centre for Professional Legal Studies think-tank at Strathclyde University said: "It is no reflection on the high calibre individuals appointed under this system to say that it is manifestly untenable as a system. Democratic legitimacy requires that the appointment process contain a better balance between judges, laypersons and politicians."
Fellow author Chris Paterson a researcher from CentreForum added: "A strong senior judiciary is essential to the protection of individual rights, but it must be supported by an appropriate appointments system. Diversity, as a basic component of the Supreme Court's ability to deliver justice in modern society, must be integral to this."
The news comes after the House of Lords constitution committee launched an inquiry into the judicial appointments process for the UK courts and tribunals in May 2011 to address the need for greater diversity, accountability and transparency in the judiciary.
The committee is set to publish its findings in a report on Wednesday (28 March).
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