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Essay on reforming the judiciary
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It is widely acknowledged that the judiciary within England and Wales is not representative of the wider society. The composition of the judiciary is regularly subject to criticism on its apparent homogenous identity’ being largely comprised of elderly, white male barristers educated at Oxford or Cambridge. This ethos has prevented diversity within the judiciary, particularly the upper echelons of the judiciary. Academics such as John Griffith have suggested that the narrow range of the judiciary threatens to undermine public confidence in the judicial system. Similarly, Baroness Hale argues that a representative judiciary is paramount for directives associated with the promotion of equal opportunities and strengthening of judicial legitimacy. The government has attempted to combat these issues with statutory and procedural changes to the Courts and Legal Service Act 1990, the Courts Act 2003, the Constitutional Reform Act 2005, and the Judicial Appointments Committee. However, the government’s reforms have made little impact on the demographic profile of the judiciary, as the cornerstone of all judicial appointments is merit. Until diversity can break into the judiciary, particularly the upper echelons of the judiciary there will continue to be a lingering threat to the publics confidence of the judiciary as diversification has yet to materialize.
Structural changes prior 2005
Prior to the 2005 reforms, the appointment of judges to England and Wales’s judiciary was fraught with secrecy and bias with a total disregard for transparency and accountability. The old ways of appointment have been described as an “old boys” network of informality creating a self-sustaining system. John Griffith argues this i...
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...Elliott C and Quinn F, English Legal System 2013/14. (Pearson Education 2013)
Dobbs, “Diversity in the Judiciary” Lecture, Queen Mary, University of London, 17 October 2007 9.
Hale B, ‘Equality and the Judiciary: Why Should We Want More Women Judges’ (2001) 489-504
Malleson K, ‘Rethinking the Merit Principle in Judicial Selection’ (2006) 33 Journal of Law and Society 126
Office J, ‘Diversity Statistics and General Overview’ accessed 17 November 2013
Rackley E, ‘Judicial Diversity, the Woman Judge and Fairy Tale Endings’ (2007) 27 Legal Studies 74
Sueur AL, Sunkin M and Murkens J, Public Law: Text, Cases, and Materials 2e (Oxford University Press 2013)
Williams A, ‘Uk Government and Politics (1998). (Heinerman)
——Reported in House of Lords Hansard, 17 March 2011.
The type of elections is widely criticized for delivering less qualified results, considering the fact that the public does not have enough information on judicial candidates and their qualifications. Furthermore, judicial candidates are not allowed to take stands on controversial issues or specific cases in accordance with the Judicial Code of Conduct (Corriher, 2012).
The US Justice Department statistics 2003 and onwards demonstrates significant disproportion in the incarceration rate of minority African American and Hispanic men between the ages of 25 and 29 years as compared to the rate associated with White men of the same age. Bell (2007), proposes that as minority groups grow in numbers within the dominant group they will experience greater equality. However, rate of incarceration among minority males remains alarmingly high and as compared to their White counterparts. As with health care there are racial disparities that will influence outcomes when an individual is brought before the criminal courts. Additionally, there is significant correlation between a person’s level of education and the likelihood of his involvement in criminal activities. Studies and statistics have shown that among male high school dropouts there is high incidence of unemployment, low income and rate of illicit drug use as compared to men with degrees from four year colleges. Further to this, although the rate of school dropout and even arrest is not significantly different across the race lines, literature alludes that African American men have a higher rate of conviction for the same crime committed.
Oklahoma Press, 1977. http://www.o Steven Talos, Michael Liepner, and Gregory Dickinson. Understanding The Law Toronto: McGraw-Hill Ryerson Ltd, 1990. Black, Charles L. The People and the Court: Judicial Review in a Democracy.
Rehnquist, William H., Brennan, William J. "A Casebook on the Law and Society: What Rights
Matthew G. Cowman, Separation of judicial power: Brandy v Human Rights and Equal Opportunity Commission, Deakin Law Review 119
The court system of any country is a fundamental aspect of the society. In this respect, there are no public institutions in Canada which are subject to public scrutiny like the court system. People expectations of how they are treated by others are guided by laws made by various levels of institutions of justice. The Canadian judicial system, particularly, has undergone major developments and challenges as well. This paper explores three published articles that report on the problem of patronage appointments what lies behind the confidence in the justice system and the relevance of gender and gender equality in the legal profession.
"If the evidence is not fit to be heard in mixed company," she debated, "then ... the government … [must] set up a special court presided over by women, to try other women."
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
...ugh the Persons Case gave women more rights, it still didn’t mean everyone was treated fairly. Some women were still unable to vote because of their race. In addition, after the appointment of Wilson to the Senate, the government appointed only a few women as senators. For example, in the 18 years Prime Minister Mackenzie King served in office, he appointed 67 senators. None of them were women. (T. Tyler, 2007). This shows that the victory of the Persons Case didn’t mean that women were always treated equally.
pp. pp. pp Kay, H. H. (2004, Jan). Ruth Bader Ginsburg, Professor of Law.
Rackley, E (2010). In Conversation with Lord Justice Etherton: Revisiting the Case for a More Diverse Judiciary. Public Law
Catherine Mackinnon’s radical feminism theory argues that societally is patriarchally dominated by males (MacKinnon 16). The legal system therefore has an inherent male bias. As seen in Susan Glaspell’s short story, “A Jury of Her Peers,” the male-dominated jury would not have acknowledged the psychological trauma of Mrs. Wright’s situation. The facts of the case would have proven her guilt, but the male-dominated legal system would not have accounted for the experiences of Mrs. Wright. As domestic women, Mrs. Hale and Mrs. Peters were able to identity with Mrs. Wright and understand her
Public Law: Text, Cases, and Materials by Andrew Le Sueur, Maurice Sunkin and Jo Murkens (Paperback - 12 Aug 2010) chapter 8 p 368-418
Contemporary Readings in Law & Social Justice, 5(2), 454-460.