1A.3.7 Evaluation of the judiciary Flashcards
Age
76% of all court judges were over the age of 50, and 40% over the age of 60.
It is unusual for any judge to be appointed under the age of 40, with superior judges usually being well above this age.
Main criticisms of the bench
It is dominated by elderly, white, upper-class males – making them out of touch with current issues and the concerns of those appearing in front of them.
There are very few female judges in the upper ranks of judges, and even fewer judges from ethnic minority backgrounds.
Women in the Judiciary
32% of all court judges were women and 26% of superior level judges were women.
The increasing number of women judges is partly due to the open and competitive method of selection. But it is also partly due to the fact that there is an increasing number of women barristers and solicitors, and so more possible applicants for judicial posts.
BAME representation
There has also been an increase over the past 20 years in the number of judges from a BAME background.
8% of all court judges were from a BAME background.
The system of selection by the Judicial Appointments Commission has led to improved diversity in the Judiciary. This can be seen by comparing the percentage of women and ethnic minorities now with those in the past.
Education and social background
The vast majority of superior judges come from the upper levels of society, with almost all having been educated at public school and attending Oxford University or Cambridge University.
A survey by the magazine Labour Research Department found that of the 85 judges appointed from 1997 to mid-1999, 75% had studied at a private school.
University
There is a major difference in the universities that senior judges had attended compared to judges at a lower level.
90% of Court of Appeal/House of Lords Judges had been to Oxford or Cambridge, but only 1/6 District Judges (Magistrates’ Court) and 4/13 District Judges (County Court) had attended Oxford or Cambridge.
However, as the judges in the Court of Appeal and House of Lords decide complex cases and law, it is important that senior judges are highly educated and exceptionally intelligent.
Should there be a career judiciary?
In many European countries, becoming a judge is a career choice made by students once they have their basic legal qualifications.
They will usually not practise as a lawyer first, but instead are trained as judges. Once they have qualified as a judge, they will sit in junior posts with the hope of being promoted up the judicial ladder.
Advantages of a career judiciary
- The average age of judges is much lower, especially in the lower courts, where some judges are in their twenties.
- Judges have had far more training in the specific skills they need as judges.
Disadvantage of career judiciaries
Judges may be seen as too closely linked to the government as they are civil servants.
The advantages of an independent judiciary
An independent judiciary is seen as important in protecting the liberty of the individual from abuse of power by the executive. If a government could make judges decide the way it wanted, this could lead to opponents of the government being imprisoned without reasonable cause. A government needs to value and abide by the rule of law in order to command the respect and confidence of the electorate.
It is an advantage that a government cannot force a judge to resign if that judge makes a decision with which the government of the day disagrees. In judicial review cases, judges often have to decide if an act or decision by a government department is reasonable. It is important that the judges can carry out this function without fear of repercussions.
It is an advantage of judicial independence that judges are, and are seen to be, impartial in their decisions. It is vital that each judge is able to decide cases solely on the evidence presented in court by the parties and in accordance with the law. Judges must be free to exercise their judicial powers without interference from litigants, the state, the media or powerful individuals or entities, such as large companies.
