Judicial Appointments Flashcards
Who were senior judicial appointments traditionally made by?
the monarch on the advice of the PM and the Lord Chancellor
Why was it said the old system for judicial appointments lacked transparency, comprised the proper separation of powers and resulted in senior judiciary being drawn exclusively from a narrow social circle ? (2)
As the Lord Chancellor was under no obligation to point from among those who had applied and attended “secret soundings” with serving senior judges
In what year did Labour announce plans to transfer the Lord Chancellors power over senior judicial appointments to a new independent Judicial Appointments Commission?
2003
In 2003, who did Labour announce plans to transfer the Lord Chancellors power over senior judicial appointments to?
a new independent Judicial Appointments Commission?
In 2008 the Guardian reported that the new JAC had approved 21 individuals to become High Court Judges, and 10 of these had already been given posts. Of these 10 what were common characteristics?
- All white, male and former barristers
- Of the 9 educated in Britain, six went to leading independent schools belonging to the HMC
In evidence to the Justice Select Committee in 2008, the then Justice Minister Jack Straw conceded that of those recommended for judicial appointment at all levels by the JAC in its first year 2006-7, how many were from an ethnic minority and how many were women?
- 8% ethnic minority
- 34% women
What did the Justice Minister Jack Straw concede to the Justice Select Committee in 2008?
That of those recommended for judicial appointments at all levels by the JAC in its first year 2006-7 only 8% were from an ethnic minority and only 34% women
In response to the evidence that Judges were mainly white and male submitted to the Justice Select Committee in 2008, what did the JAC say in response?
That it had appointed ‘on merit and merit one using section processes that are open and fair to all applicants regardless of their gender, race or background
Who was the president and deputy president of the UKSC on creation?
Lord Philips
Lord Hope
Although the 11 former Law Lords remained members of the upper house (HOL) what were they prohibited from doing?
prohibited from sitting and voting in the legislature for as long as they remained justices of the Supreme Court
What 2 things must applicants have in order to be considered for appointment as a Justice of the Supreme Court ?
1) held high judicial office for at least 2 years
2) been a qualifying practitioner for a period of 15 years
What are Qualifying practitioners (3)?
- a holder of a Senior Courts qualification
- an advocate in Scotland or a solicitor entitled to appear in the Scottish Court of Session and the High Court of Justiciary
- a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland
What was the Judicial Appointments Commission set up to do?
to select other members of the senior judiciary
Where will vacancies in the Supreme Court be filled by?
a Selection Commission separate from the JAC
Who are the 5 members of the Selection Commission that chose new Supreme Court judges?
1) President of the Supreme Court
2) deputy president of the Supreme Court
3) one member of the JAC
4) one member of the Judicial Appointments Board for Scotland
5) one member of the Northern Ireland Judicial Appointments Commission
