Selection and role of Judges
‘Consider critically’ = Compare old & new appointment + Judges in other countries
*types of questions:
● Appointment
● Training
Role of Judges
Judges are expected to deliver judgements in a completely impartial manner, applying the law
strictly, without allowing personal preferences to affect their decision under the rule of law.
Judges play a vital but sensitive role in controlling the exercise of power by the state. The
passing of the Human Rights Act 1998 (HRA) significantly increased the power of judges to
control the work of Parliament and the executive.
Judicial hierarchy
Judges are at the centre of any legal system as they sit in court and decide cases. The Head of
the judiciary is the president of the Courts of England and Wales. This position was created by
the Constitutional Reform Act 2005. Under s.7 of the Act, the President’s role is to represent the
views of the judiciary to Parliament and Government Minister.
—————————————————————————————————————
*Appointment / Selection / recruitment to the Judiciary
Old appt:
The Lord Chancellor played a central role in the appointment of the judges prior to the 2005 Act.
The Lords of Appeal in Ordinary and the Lords Justices of Appeal were appointed by the Queen
on the advice of the Prime Minister, who was advised by the Lord Chancellor. High Court
judges, circuit judges and recorders were appointed by the Queen on advice of the Lord
Chancellor. This system can only achieve limited results because the Lord Chancellor has sole
responsibility for the appointment process. However, this old system no longer commands
public confidence, and is increasingly hard to reconcile with the demands of the HRA.
New appt:
Following a limited consultation process, the Constitutional Reform Act 2005 was passed
through the consultation paper which considered the creation of three possible types of
commissions: an Appointing Commission which would itself decide whom to appoint, a
Recommending Commission which would make suggestions to a minister on who to appoint
and a Hybrid Commission which would act as an appointing commission for junior appointments
and as a recommending commission for senior appointments. The creation of a Judicial
Appointments Commission (JAC) was to stop breaches of principles of the separation of power
and reinforce judicial independence.
‘Consider critically’ = Compare old & new appointment + Judges in other countries
*types of questions:
● Appointment
● Training
Role of Judges
Judges are expected to deliver judgements in a completely impartial manner, applying the law
strictly, without allowing personal preferences to affect their decision under the rule of law.
Judges play a vital but sensitive role in controlling the exercise of power by the state. The
passing of the Human Rights Act 1998 (HRA) significantly increased the power of judges to
control the work of Parliament and the executive.
Judicial hierarchy
Judges are at the centre of any legal system as they sit in court and decide cases. The Head of
the judiciary is the president of the Courts of England and Wales. This position was created by
the Constitutional Reform Act 2005. Under s.7 of the Act, the President’s role is to represent the
views of the judiciary to Parliament and Government Minister.
—————————————————————————————————————
*Appointment / Selection / recruitment to the Judiciary
Old appt:
The Lord Chancellor played a central role in the appointment of the judges prior to the 2005 Act.
The Lords of Appeal in Ordinary and the Lords Justices of Appeal were appointed by the Queen
on the advice of the Prime Minister, who was advised by the Lord Chancellor. High Court
judges, circuit judges and recorders were appointed by the Queen on advice of the Lord
Chancellor. This system can only achieve limited results because the Lord Chancellor has sole
responsibility for the appointment process. However, this old system no longer commands
public confidence, and is increasingly hard to reconcile with the demands of the HRA.
New appt:
Following a limited consultation process, the Constitutional Reform Act 2005 was passed
through the consultation paper which considered the creation of three possible types of
commissions: an Appointing Commission which would itself decide whom to appoint, a
Recommending Commission which would make suggestions to a minister on who to appoint
and a Hybrid Commission which would act as an appointing commission for junior appointments
and as a recommending commission for senior appointments. The creation of a Judicial
Appointments Commission (JAC) was to stop breaches of principles of the separation of power
and reinforce judicial independence.
