Should we be concerned with the lack of judicial diversity?

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Should we be concerned with the lack of judicial diversity?

Advantages

  • YES:
  • 28% of judges are women and there only 2 senior female judges in the supreme court (Lady Hale & Lady Black 2017 ) Significant difference which proves there is not enough women in the judiciary showing a distinct lack of diversity
  • The Guardian stated that the first 10 judges appointed under the new rules (The Constitutional Reform Act 2005) were white middle aged men. This is a stereotypical judge which proves there has not much change since the new rules.
  • 7% Judges are BAME and 10% of Magistrates are BAME - Judiciary Appointment Commission stated. Again showing a distinct lack of judicial diversity.
  • JAC show there is a serious problem with the appointment of black and minority ethnic lawyers to the bench.
  • Lack of judicial diversity weakens the quality of the justice. Judicial diversity increases public confidence in the justice system.
  • Lady Hale told the Guardian the courts and judiciary should reflect the full diversity of the UK population. She also stated that 'women are still seriously underrepresented among senior judges'

Disadvantages

  • NO:
  • Candidates must be appointed on their merits and not their minority credentials
  • Any form of reverse discrimination would be unfair to the women who get there on merit
  • 51% of Magistrates are female. As female magistrates hold the majority, it proves the judicial diversity is improving.
  • The Constitutional Reform Act 2005 set out various procedures for appointment of members of the judiciary. The JAC was given statutory duty to appoint purely based on merit. This contributes to the idea that no one is discriminated against in the appointment, it is just based on skills, experience and quality as a judge.
  • Women holding senior judicial post increased 3% in 6 years which proves the judicial equality is slowly improving and not going backwards.
  • The new rules encourage diversity among those applying to be judges.
  • Lady Hale told the guardian 'it is necessary to reassure everybody that the best judges are being appointed.

Evaluation

There should be equal opportunities so all properly qualified and suitable candidates should have an equal chance of merit. Even though there is evidence that judicial diversity is improving, I still believe there should be concern in the lack of judicial diversity as it is improving very slowly. The new rules were implemented to appoint based on merit and to encourage diversity however I don't believe that these are enough to solve the problem.

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