header-logo header-logo

27 September 2007
Issue: 7290 / Categories: Legal News , Constitutional law
printer mail-detail

Lord chief justice attacks judge selection plans

News

Government plans to introduce a US-style of judge selection, where Parliament would be instrumental in their appointment, have been criticised by the lord chief justice.

Lord Phillips says he is against such a role for the executive in appointing judges, as laid out in the recent green paper—The Governance of Britain—published by the Ministry of Justice.

During an address to the Commonwealth Law Conference in Kenya, he expressed concern about the “growing tendency” to challenge the mandate of judges.

“Some say that our decisions are not legitimate, because we have not been elected. They point to the US, where some judges are elected and where, at the highest level in the federal system, candidates are subjected to confirmation hearings.”

In the green paper, the government suggests it is “willing to look at the future of its role in judicial appointments,” exploring the possibility of “going further than the present arrangement, including, conceivably, a role for Parliament itself, after consultation with the judiciary, Parliament and the public if it is felt that there is a need”.

Lord Phillips said: “I am only aware of one Commonwealth country where Parliament is involved in judicial appointments and that is Mozambique. I see no need for such an innovation in the UK.”

Issue: 7290 / Categories: Legal News , Constitutional law
printer mail-details

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll