Lord chief justice attacks judge selection plans

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.”