The New Judiciary: The Effects of Expansion and ActivismDuring the last thirty years, the judiciary has undergone an unprecedented expansion in its size and power. Judges now have more influence over our private and public lives than ever before. The effect of this change has been to transform the judiciary from an inward-looking elite into an increasingly heterogeneous professional body. 'The New Judiciary' examines the developments which have taken place in the appointment, training and scrutiny of judges as a result of the expanding judicial role. It highlights the increasing tension between the requirements of judicial independence and accountability which these changes are producing. The traditional insulation of the judiciary from all external influences is being challenged by the need for greater openness and public scrutiny of the judicial process. The passing of the Human Rights Act 1998, incorporating the European Convention on Human Rights into domestic law represents another stage in this process by expanding the policy-making role of the senior judiciary still further. As a result, the continuing modernisation of the judiciary, which is the subject of this book, will be a increasingly important feature of the legal and political process in the years ahead. |
Contents
1952 | |
1966 | |
Accountability and Independence | |
Appointments | |
Training | |
Scrutiny | |
Conclusion | |
Bibliography | |
Other editions - View all
Common terms and phrases
administration Affairs Select Committee amongst appeal appointments system approach areas argued Armytage assessing background bench Canada candidates Chris Mullin claim commentators complaints consensus constitutional criteria criticism debate decision-making decisions disciplinary effect England and Wales ensure example executive expansion of judicial function Home Affairs Select Human Rights Act increase increasingly individual influence judicial activism judicial appointments commission judicial appointments process judicial conduct judicial independence judicial performance judicial power judicial review Judicial Service Commission Judicial Studies Board judicial training judiciary lawyers limited Lord Ackner Lord Bingham Lord Chancellor Lord Chancellor’s Department Lord Chief Justice Lord Irvine Lord Mackay Lord Taylor Lord Woolf make-up Minister Parliament particular party impartiality performance appraisal policy-making political practice pressure principle of judicial promote proposals public confidence recent recognised representativeness responsibility Robert Megarry role scrutiny senior judges sentencing Shetreet Similarly social solicitors structural suggested undermine