Lack of Diversity in the Judiciary Essay

Lack of Diversity in the Judiciary Essay

Length: 1091 words (3.1 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview




















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...


... middle of paper ...


...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.



Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Judiciary And The Judicial System Essay

- The Judiciary (also known as judicature or the judicial system) is made up of the different courts in a country that applies and interprets the law created by the sovereign body, which in the United Kingdom is Parliament. The court doesn’t make the law; their duty is to interpret them after they have been created. This process is defined by the separation of powers, which states that each government should have a clearly defined function in order to prevent confusion or abuse of power. The Judiciary is very essential to the English Legal System....   [tags: Law, Judge, Judiciary, Separation of powers]

Strong Essays
1099 words (3.1 pages)

Judicial Diversity And Lack Of Diversity Essay example

- Introduction Judicial diversity has been a continuous topic of discussion in both society and in the English legal system. Currently, the process of the merit system causes a lack of diversity in the English bench, which is highly due to the undiverse characters of the upper reaches of the legal profession. There have been numerous unsuccessful attempts to promote diversity within the judiciary. The Constitution Reform Act 2005 (CRA 2005) was then introduced to ensure selection is based on merit and to promote judicial diversity....   [tags: Judge, Law, Affirmative action, Court]

Strong Essays
1057 words (3 pages)

The Need for Judicial Diversity Essay

- The given statement suggests that the emphasis on judicial diversity is unnecessary since there is no guarantee that a diverse judiciary would arrive at a different decision than that of a conservative judiciary. This essay attempts to argue that although there is no evidence that a diverse bench would radically change the outcome of a given case, the quality of justice will be substantially enhanced by the inclusion of a range of perspectives from which are currently not represented by the English judiciary....   [tags: Justice System ]

Strong Essays
1865 words (5.3 pages)

Brazil: A Country of Diversity Essay

- ... Brazil’s government is strong and they are trying to bring out all the potential that the country and the people possess. In Brazil, religion is a huge part of their lives. 90% of the people subscribe to some sort of religious ideal and only around 1% do not believe in God (“’Brazil.’ A”). That is a huge percent of the people that have religious ideals and morals. Most countries do not have this high of religious belief in their people. It is more religiously inclined than any other South American country....   [tags: economic and social profile]

Strong Essays
1786 words (5.1 pages)

Access to Legal Pathways Essay

- In order to become part of the Judiciary, you must first make your mark as a legal practitioner, which you cannot do unless you are rich, important and well known. Whilewe have seen some improvement in class diversity within the circle of legal practitioners. However it’s easy to say that old habits die hard as, majority of the Judiciary are still white, middle aged, wealthy men. In this essay the different requirement and training necessary to become a member of the Judiciary. Barristers are may be seenby some, as having the higher status of the two profession(Barrister and Solicitor)....   [tags: Class Diversity, Litigation Management]

Strong Essays
1609 words (4.6 pages)

Diversity and Business in the United States Essay

- Diversity and Business in the United States The demographics of the United States are changing at a rapid pace and consequently we are observing a “transformation in the culture and buying habits of this nation.” (Robinson, Pfeffer, & Buccigrossi, 2003) As a result, historically small niche markets are gaining an increasing prevalence within the U.S. marketplace and have substantially higher buying power. If companies are to continue to thrive in this modern economic environment they must be able to recognize and understand the implications of these demographic shifts....   [tags: Diversity ]

Strong Essays
1586 words (4.5 pages)

A Concept Analysis of Diversity Essay

- Diversity has many definitions but only one true meaning. This concept Analysis is dedicated to exploring the broadened sense of diversity through active concepts with respect to term usage, and current literature research to support the understanding and relevance of the term itself. Search Terms: Diversity, Ethnic Variety, and Variation Introduction: Definition The dictionary definitions for the term “Diversity” are fairly similar in nature. The American Heritage Dictionary describes the following “The fact or quality of being diverse; difference” and also “A point or respect in which things differ…variety or multiformity”....   [tags: Diversity ]

Strong Essays
1417 words (4 pages)

Lack Of Diversity Within The Media Essays

- LACK OF DIVERSITY IN THE MEDIA Beauty is in the eye of the beholder, however what is considered beautiful by some is not considered as beauty when discussing diversity within the media. Society is based on criticism of judging one’s characters body, shape and or race/ethnics background. In the media the society only sees one type that is only focused on perfection to the mind; however within the United States, it is very typical in that the media lacks ethnic representation, cultural identity and gender inequalities....   [tags: Ethnic group, Race, Mass media, Ethnicity]

Strong Essays
1155 words (3.3 pages)

Supporting Diversity Essay

- Supporting Diversity “Without awareness and knowledge of gender, race, culture, and ethnicity, therapists and other helping professionals could unwittingly engage in cultural oppression (A. Dunklin, Ph.D., personal communication, October, 2009). Dr. Dunklin is accurate in his statement. After surviving the destruction of the Third Reich, the civil rights’ movement of the 1960s and the women’s movement of the 1970s, it is hard to understand why the need for diversity still has to be discussed except that as a society, we are infants when dealing with diversity issues....   [tags: Diversity]

Strong Essays
2637 words (7.5 pages)

Workplace Diversity Essay

- Diversity is the uniqueness which every employee brings to the workplace in an organization or establishment. Examples of differences include nationality, belief, disabilities, physical appearance, race, gender, age, educational background, sexual orientation, and work experience, social and family status. At the workplace, valuing diversity means creating a work environment that respects and includes individual variation by maximizing the potential of all employees or in which every employee feels included....   [tags: Racial Diversity, Ethnic Diversity]

Strong Essays
1571 words (4.5 pages)