header-logo header-logo

16 March 2017 / Ed Crosse
Issue: 7738 / Categories: Opinion , Profession
printer mail-detail

Who is to judge?

nlj_7738_crosse

Is it possible to achieve diversity on the bench, asks Ed Crosse

“Once we accept that who the judge is matters, then it matters who our judges are” (Erica Rackley, Women, Judging and the Judiciary (2013), p 164).

Hopefully few, if any, would argue with this sentiment, or that a quality candidate should be prevented from becoming a judge because of their gender, race, religion, sexual orientation or social background. Why then does the judicial composition of our courts so poorly reflect the diverse society they serve?

Not, it seems, because of any complacency or adverse bias by those responsible for selecting judges; the senior judiciary and Judicial Appointments Committee (JAC) have repeatedly said the proportion of women judges, black, Asian and minority ethnic (BAME) judges and others from under-represented groups is far too low. Speaking last November, Lord Neuberger, President of the Supreme Court, expressed concern that in the Supreme Court, there is only one woman and the rest are 10 white males, only two of whom were not privately educated.

Where does the problem lie?

The problem pervades other levels of our

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll