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Vacancies at the Supreme Court
Sophie Turenne Options: Abstract"A judiciary is only as good as the people appointed to its most senior positions". With these words, a Judicial Appointments Process Inquiry was launched on 13 May 2011 by the House of Lords Constitution Committee, a few weeks after the appointment of two new Justices at the Supreme Court, Jonathan Sumption QC and Lord Justice Wilson. The Committee expressly refers to the increased role of the judiciary, notably because of the Human Rights Act 1998, and the need to evaluate the changes in the judicial appointments process introduced by the Constitutional Reform Act 2005 (CRA). One may remember that the CRA transferred judicial selection to an independent Commission (the Judicial Appointments Commission for England and Wales, "JAC"), in order to ensure a non-executive bias in the selection process. It also aimed to increase diversity within the judiciary, on the ground that the merit criterion can be properly satisfied through encouraging diversity. The question remains: how we should understand "merit" as being the principal selection criterion, and who is best placed to determine merit? |
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