K. Malleson and G. Gee, ‘Who should have the final say in lower level judicial appointments?’ UK Const. L. Blog (30th January 2013) (available at http://ukconstitutionallaw.org)
Interesting read from the UK Constitutional Law blog
The Crime and Courts Bill is making its way through Parliament. As noted in an earlier post, the Bill proposes to pass responsibility for appointing Circuit Judges and District Judges from the Lord Chancellor to the Lord Chief Justice. This represents a potentially significant power shift in judicial appointments, yet it has attracted very little attention. In this post, we outline some of our concerns.
The Judicial Appointments Commission currently selects a candidate for each vacancy on the Circuit and District Bench. The JAC is required by statute to consult with the LCJ about its proposed candidate. After consultation, the JAC recommends a candidate to the Lord Chancellor, who can accept or reject the recommendation, or invite the JAC to reconsider it. In practice, the Lord Chancellor almost always accepts the recommendation of the JAC, with only 5 vetoes from almost 3000 recommendations since 2006.
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