The New Judiciary: The Effects of Expansion and Activism

by Malleson,Kate

• ISBN13: 9781840140774
• ISBN10: 1840140771
• Format: Hardcover
• Copyright: 1999-02-28
• Publisher: Routledge

Summary

During 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.

Table of Contents

Acknowledgements	p. vii
Foreword	p. viii
Introduction	p. 1
Activism	p. 7
The development of judicial review	p. 8
The Human Rights Act 1998	p. 24
Summary	p. 35
Accountability and Independence	p. 37
Mechanisms of accountability	p. 38
The scope of judicial independence	p. 43
Collective judicial independence	p. 45
Individual judicial independence	p. 62
The relationship between independence and accountability	p. 69
Summary	p. 73
Appointments	p. 78
The characteristics of the current appointments process	p. 79
The criteria for appointment	p. 95
Changing the make-up of the judiciary	p. 106
The use of a judicial appointments commission	p. 125
The possible effects of a commission	p. 140
Summary	p. 151
Training	p. 156
Overcoming judicial opposition to training	p. 157
The need for training	p. 162
Expansion and professionalisation	p. 167
Judicial independence	p. 172
Accountability	p. 176
Summary	p. 178
Scrutiny	p. 182
Public debate and the media	p. 183
Performance appraisal	p. 199
Enforcing standards of judicial conduct	p. 210
Summary	p. 229
Conclusion	p. 233
Bibliography	p. 237
Index	p. 245
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