header-logo header-logo

13 February 2019 / Alec Samuels
Issue: 7828 / Categories: Features , Profession
printer mail-detail

Life on the bench

Alec Samuels reflects on bias—especially political bias—in the judiciary

There was a time when, before appointment as a judge, many of the judges had been active in politics, as MPs: Conservative, Liberal and Labour. But according to constitutional convention, following appointment, they showed no political bias in their judicial work. The Lord Chancellor himself was expected to be, and was, and indeed still is, an active politician, albeit restrained; however, he is no longer a judge.

Judicial appointments

Ex Lord Chancellor Dilhorne became a law lord 1969-1980. First Viscount Cave and Lord Mackay were law lords before becoming Lord Chancellor. First Viscounts Maugham and Simmonds were law lords before becoming Lord Chancellor and then again law lords after ceasing to be Lord Chancellor.

Judges who have been MPs include: Simon, Thankerton, Watson, Robson, Macnaghten, Donovan, Shaw, Carson, Cave, Davey, MacDermott and Normand.

Quite a number in addition have been law officers, or the Scottish equivalent: Simon, Somervell, Rodger, Russell, Reid, Carson, Hewart, Cave, Mackay, Macmillan, Singleton and Sir Ross Cranston. And Somervell

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

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
back-to-top-scroll