Judiciary A03 Flashcards
What is the perception of diversity in the judiciary?
There is a perception that the judiciary still favours Oxbridge-educated, white, middle-class males. Although diversity has improved since the establishment of the Judicial Appointments Commission in 2005, women and ethnic minorities remain underrepresented in senior judicial roles.
How has the representation of women in the judiciary changed over time?
In 1990, there were no women in the Court of Appeal and only three in the High Court. By 2016, there were eight women in the Court of Appeal and 23 in the High Court. However, women are still underrepresented in superior courts.
How has the representation of ethnic minorities in the judiciary changed over time?
In 1990, there were no ethnic minority judges in the High Court or above. By 2016, there were three ethnic minority judges in the High Court. Despite progress, ethnic minority judges remain underrepresented in senior roles.
What are the statistics for women and ethnic minority lawyers in 2022?
In 2022:
- 39% of barristers, 53% of solicitors, and 77% of Chartered Legal Executives were women.
- 16% of barristers, 18% of solicitors, and 9% of Chartered Legal Executives were ethnic minorities.However, women and ethnic minorities remain underrepresented in superior court roles.
How socially diverse is the judiciary?
In 2022, 65% of judges attended private schools and 75% attended Oxbridge, indicating a narrow social background in the judiciary.
What issues exist with judicial training?
Critics argue that judicial training is inadequate. There is no requirement for judges to have had rights of audience as lawyers in the courts to which they are appointed, and judges may be appointed to cases outside their expertise. For example, a family law specialist might be appointed as a Recorder in the Crown Court with limited experience in criminal law.
What is the issue with monitoring judges’ performance?
The performance of judges is not monitored closely enough. While it is easier to remove an inferior judge, removing a superior judge requires a petition from both Houses of Parliament, making it difficult to remove judges who are underperforming.
How is judicial independence advantageous?
Judicial independence ensures judges are free from pressure by litigants, the state, the media, and other organizations. The UK Supreme Court has challenged government decisions, and judges can act without fear of repercussions, as seen in cases likeR(Miller) v PM (2019).
How does security of tenure protect judges?
Security of tenure means judges cannot be dismissed by the government, allowing them to make independent decisions. Additionally, judges cannot be sued for their decisions, ensuring they can perform their duties without fear of personal or professional consequences.
How do judicial inquiries affect judges’ independence?
Judges are trusted to chair important reports and inquiries, such as theStephen Lawrence Inquiry. This involvement in politically sensitive issues does not undermine their independence because judicial independence protects them from external pressure and influence.
