Judges on Trial: The Independence and Accountability of the English Judiciary Author: Shimon Shetreet | Language: English | ISBN:
1107629373 | Format: EPUB
Judges on Trial: The Independence and Accountability of the English Judiciary Description
The second edition of Judges on Trial articulates the rules, assumptions and practices which shape the culture of independence of the English judiciary today. Enhanced by interviews with English judges, legal scholars and professionals, it also outlines the factors that shape the modern meaning of judicial independence. The book discusses the contemporary issues of judicial governance, judicial appointments, the standards of conduct on and off the bench, the discipline and liability of judges and the relationship between judges and the media. It is accessible to an international audience of lawyers, political scientists and judges beyond the national realm.
- Series: Cambridge Studies in Constitutional Law (Book 8)
- Paperback: 491 pages
- Publisher: Cambridge University Press; 2 edition (October 24, 2013)
- Language: English
- ISBN-10: 1107629373
- ISBN-13: 978-0521732932
- Product Dimensions: 8.9 x 6 x 1.2 inches
- Shipping Weight: 1.5 pounds (View shipping rates and policies)
Many things have changed in the sphere of law since the first edition of this book appeared in 1976. The Law Lords who once presided over the fate of man in lofty Olympian chambers are gone. The Constitutional Reform Act ('CRA') of 2005 created the UK Supreme Court which now assumes the judicial function of the Law Lords. The method of appointing High Court judges (and also Court of Appeal judges) was previously a matter of practice and convention, which was the quiet whisper-in-the-ear non-transparent approach that gave rise to the perception that the superior court judges tended to be 'white, male and upper middle class, privately educated Oxbridge graduates and barristers'.
This book examines the effect of the CRA in its implementation and comments on the efficacy of its method of appointing judges. It notes that as at 2010, 53% of the lawyers called to the Bar were women, at the time this edition of the book was published (2013), among the Queen's Counsel, only 11 % were women. The book also discussed the various other routes to the Bench, including the path through the solicitor's position, and also the 'parachuting' of academics into the Court of Appeal. It was the general consensus that that was a bad idea. Academics lack judicial training and are usually too specialised to be able to cope with the variety of cases that go to court. It examines the effect of the CRA in the context of the Human Rights Act, the need of total judicial impartiality and the welcome move to take away the Executive's role in the appointment of judges, given that judges oversee applications of judicial review of government actions.
Various other topics such as the conduct of judges, the membership of judges in interest groups, recusal and bias have all been brought up to date.
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