What to do in a question like this
Discuss the problems with the selection process that used to occur
Then consider how it has recently changed
Consider whether it has led to a more representative Juidiciary today
What are the problems in the past with the previou
- Despite the the fact that the Legal Services Act 1990 allowed Solicitors to become Solicitors Advocates allowing them 'Rights of audience' to become judges. It opened up the judiciary to an abudance of white, male, middle class, stereotypical judges which means that the Judiciary was not representative of society
- The system for appointment was based on 'Secret Surroundings'
This means that the judicial posts were not advertised . The Lord Chancellors department would sound out the opinions of other judges and solicitors opninions on who should become judges
It was all done in seceret so there was favouritism
Judges would be chosen on the basis of 'who they knew' not 'what they knew'
3 main concerns:
Political - Because the Lord Chacellor was politically appointed and the head of judges
Secretive - Because the system was based on Secret Surondings
Discriminatory - Because of the favouritism and the fact that stereotypical judges were chosen
How have the problems with the selection process b
Courts and Legal Services Act 1990 - Solicitors Advocates - Solicitors become Judges
Assesment Centres 2003 - Assesed Judges to better assese their potential
Constitutional Reform Act 2005 - Introduced the Judicial Appointments Commission - 15 members who asses the potential of Judges on their ability and put forward their reccomendations to the Lord Chancellor
Tribunals Courts and Enforcement Act 2007 - Eligibility changed - Previous experience not just 'Rights of audience'
Have the 3 main problems/ concerns been adressed?
Political - The role of the Lord Chancellor has been considerbally lessened, therefore the process is less political - LC no longer head of judiciary and only has an executive role. LC no longer breaches the seperation of powers.
Secretive - All judicial posts are now advertised
Discriminatory - Rules on eligibility changed - Passed experience rather than rights of audience - allows all types of lawyers such as Legal Executives and so on...