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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll