#17278 - The Judges - GDL English Legal System

The judges

• The role of the judges

  • The judges play a central role under the British constitution, playing a vital but sensitive role in controlling the exercise of power by the state.

• Judicial hierarchy

  • At the head of the judiciary is the President of the Courts of England and Wales.

  • The most senior judges are the Justices of the Supreme Court.

  • At the next level down, sitting in the Court of Appeal, are 38 judges known as Lords Justices of Appeal and Lady Justices of Appeal.

• Appointing the judges

  • The way in which judges are appointed has been radically reformed by provisions in the Constitutional Reform Act 2005.

  • The Act contains provisions for the establishment of a new Judicial Appointments Commission.

  • It is hoped that the creation of this body will help to put an end to the breaches of the principle of separation of powers and reinforce judicial independence.

  • Depending on their rank, judges are appointed by the Queen on the advice of the Prime Minister or by the Lord Chancellor.

• Training

  • Training is provided by the Judicial College.

• Termination of appointment There are five ways in which a judge may leave office:

  • Dismissal;

  • Discipline;

  • Resignation;

  • Retirement; and

  • Removal due to infirmity.

• Independence of the judiciary

  • In our legal system great importance is attached to the idea that judges should be independent and be seen to be independent.

  • Section 3 of the Constitutional Reform Act 2005 states:

    • The Lord Chancellor, other Ministers of the Crown and all with responsibility for matters relating to the judiciary or otherwise to the administration of justice must uphold the continued independence of the judiciary.

• Criticisms of the judiciary

  • Judges are overwhelmingly white, male and middle to upper class, and frequently elderly, leading to accusations that they are unrepresentative...