Judicial Appointments

Reviewing the selection process
During the course of this year a number
of steps have been taken to review the
selection process for judicial appointments
generally, including those to the UKSC.
In November 2011 the Ministry of Justice
(MoJ) issued a consultation paper on judicial
appointments and diversity. Copies were
sent to the President and Deputy President
and a submission was made about those
recommendations which impacted on the
UKSC. At the time of writing this report the
MoJ had not yet announced its conclusions.
In May 2011 the Constitution Committee of
the House of Lords instituted an inquiry into
judicial appointments. Although they were
concentrating on the appointments system
in England and Wales, the Committee also
examined the process of appointments to
the UKSC. Lord Phillips, Lady Hale and Lord
Kerr all gave oral evidence to the Committee,
and Lord Mance provided written evidence.
The Committee’s report was published on
28 March 2012.
There has also been continued academic
interest in the process of appointments and
the relationship with judicial independence
and accountability.


Justices’ involvement in selection
process for international courts
Over the past year the UK Government
has had to establish selection processes
to nominate a United Kingdom Judge for
the European Court of Human Rights, and
a United Kingdom Judge for the European
Court of Justice. Justices of the Supreme
Court have assisted in this process as
members of selection panels. Lord Mance,
along with Lord Reed when he was a
Senator of the College of Justice in Scotland
participated in the preliminary stages of
the selection process for the UK Judge at
the European Court of Human Rights. Lord
Mance’s place was subsequently taken
by Lord Dyson; but Lord Reed continued
following his appointment to the UK
Supreme Court.
Lord Clarke formed a member of the
selection panel to recommend to the Lord
Chancellor a candidate to take the post of a
UK Judge at the European Court of Justice.




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