Rethinking the Lord Chancellor’s role in judicial appointments

Legal Ethics 20 (1):4-20 (2017)
Abstract
The judicial appointments regime in England and Wales is unbalanced. The pre-2005 appointments regime conferred excessive discretion on the Lord Chancellor, but the post-2005 regime has gone much too far in the opposite direction. Today, the Lord Chancellor is almost entirely excluded from the process of selecting lower level judges and enjoys only limited say over the selection of senior judges. In this article I argue that the current regime places too little weight on the sound reasons for involving the minister in individual selection decisions, including the scope for ministerial input to enhance judicial independence, to supply political leadership on judicial diversity and to render more effective the discharge of the Lord Chancellor’s systemic responsibility for the justice system as a whole. I argue that shortlists reconcile the need to more fully involve the Lord Chancellor whilst at the same time ensuring that candidates satisfy a merit threshold.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1080/1460728x.2017.1345085
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 35,898
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

The Pursuit of Justice.Christopher Campbell-Holt (ed.) - 2008 - Oxford University Press UK.
Understanding Judicial Discretion.Barry Hoffmaster - 1982 - Law and Philosophy 1 (1):21 - 55.
The Dissolution of the Monasteries and its Impact on Education in Tudor Times.Marek Smoluk - 2012 - International Studies. Interdisciplinary Political and Cultural Journal 14 (1):109-120.

Analytics

Added to PP index
2017-07-07

Total downloads
5 ( #729,657 of 2,293,848 )

Recent downloads (6 months)
3 ( #182,717 of 2,293,848 )

How can I increase my downloads?

Monthly downloads

My notes

Sign in to use this feature