. The men were: 1. ...read more. They are required to be impartial and to uphold justice for all without fear, favour or prejudice. Judges are most of the time white, made and seem to be of the middle to upper class and mostly elderly leading to accusations that they are unrepresentative of, and distanced from, the majority or society. In 1981, Ronald Reagan appointed the first woman to the Supreme Court, Sandra Day O'Connor. Selection was, however as critics pointed out, from a rather narrow pool and this did nothing for the diversity of the judiciary. Judges mentioned in the Hebrew Bible. © 2003 - 2015 Marked by Teachers. Before 2005 there were three main problems with the appointment procedures which is the way in which judges are appointed. Back then, rape within marriage may have been considered impossible, as it may have been assumed that by marrying, a woman automatically gives consent to sexual intercourse. Four new judges were appointed to the Supreme Court on Wednesday, taking its strength to 34, the highest-ever. There are judges on the Judicial Appointments Commission, but they are not in the majority, do not act in a representative capacity, and the Commission is chaired by a layperson. For the first time in almost 900 years, judicial independence is now officially enshrined in law. It would, however, be better if the society had a hand in selecting judges, but of course, majority of society does not understand the requirements and the standards of competency in being a good lawyer. He appointed judges in the land, in each of the fortified cities of Judah. Before this appointments were made on the recommendation of the Lord Chancellor, who was a Government Minister. “The Judges” were the leaders of the Jewish people for close to 350 years of Jewish history. Newly appointed members of the Court take no peerage, instead bearing the formal title Justice of the Supreme Court. One of the judges on the Supreme Court appointed by Adams was Chief Justice John Marshall. I am dealing with criminal law in this answer. Their recruitment as junior judges will hopefully make the profession at this level more representative of society but it is not clear that there is any real justifications for not making the more senior judicial posts open to these lawyers. Also there were critical issues of transparency relating to the appointments and transfers of judges. In 1967, Lyndon Johnson appointed the first African American Supreme Court justice, Thurgood Marshall. Judges. It was considered that the appointment process was open to the criticism that a member of the government should not have the sole responsibility for appointing judges. The lowest tier in criminal cases is a District Judge. All appointments are made by open competition. Campaigning requires time away the from the bench which strains a judiciary with a shortage of judges. Changes to Legislation. Article III of the Constitution states that these judges will be appointed for a life-term. They sit in Magistrates Courts. Judges were, however, also appointed by kings, a power which appears to have eventually devolved with the rule of Babylonia. Eighty percent of judges appointed since 1997 were educated at a public school. The system appeared to appoint judges who were generally of high calibre but they tended to be mainly of similar background. The judges who were appointed to these new courts were called "Midnight Judges" by the Republicans because they were last minute appointments. According to separate Law Ministry notifications, justices Krishna Murari, SR Bhat, V Ramasubramanian and Hrishikesh Roy were appointed as judges of the top court. The Minister will then decide on the candidate and tell the Prime Minister who will then recommend this candidate to the Queen. The JBC did not exist prior to the 1987 Philippine Constitution. How judges are appointed How judges are appointed Print Email The 11 judges of the Constitutional Court are independent. 10. In the Hebrew Bible, Moses is described as a shofet over the Israelites and appoints others to whom cases were delegated in accordance with the advice of Jethro, his Midianite father-in-law. Before 2005 there were three main problems with the appointment procedures which is the way in which judges are appointed. The judiciary, the government and the constitution, Judicial Diversity and Inclusion Strategy 2020/25, Lord Chief Justice: Judicial Equality and Diversity Statement, Pre-Application Judicial Education Programme (PAJE), Standing International Forum of Commercial Courts, Coronavirus (COVID-19) advice and guidance, The principles of judicial accountability, Judicial Press Office: COVID-19 arrangements, Constitutional Reform: a new way of appointing judges – Department of Constitutional Affairs (Consultation Paper) (July 2003), Peach – An Independent Scrutiny of the Appointment Process of Judges and Queen’s Counsel in England and Wales (London, 1999), Brennan – The Selection of Judges for Commonwealth Courts (Canberra, 10 August 2007) (Senate Lecture Series), Malleson & Russell (ed), Appointing Judges in an Age of Judicial Power: Critical Perspectives from around the World, (University of Toronto Press) (2006), Malleson, The New Judiciary: The effects of expansion and activisim, (Ashgate) (1999). The Lord Chancellor and the Prime Minister were the main people in the appointment procedure but they were politicians who could be swayed by political factors in the selection of judges. The president of the Great Sanhedrin was the authority who conferred judicial powers on graduating judges in a formal procedure before a court of three. Under the act such judges also have a courtesy title of Lord or Lady, for the expressed purpose of ensuring there is no perceived hierarchy among the JSCs. Should judges be elected or appointed? President John Adams was alleged to have stayed up until midnight on March 3, 1801 completing the paperwork before his term in … I think judges should be appointed because their position in the justice system are very important in determining criminal and civil cases. This was seen in the landmark case of R v R 1991, which held that rape within marriage constituted a crime, overruling a 250 year old rule. The last problem with the appointment procedure was, it was discriminatory. Keep up to date with the latest news, judgments & publications. This can be because of the judge's family or the schools they attended which was not the right way of making the decision, they should be focusing on the individual's strength as a future judge. The second problem of the old appointment system was, it was too secretive. Actions under Article 232 can be seen as contrary to article 230. The Supreme Court Collegium had recommended their names to the government last month. This is a major development, as such lawyers have a wider range of backgrounds, with women and ethnic minorities well represented and the majority state educated. Justice Vivene Juliet Harris and Hon. Get Full Access Now Furthermore, these appointed judges would have at least four uninterrupted, unrestrained years before they would face voters for the first time in a retention election – and even at that time, there would be no opponent to remind voters of egregious decisions. They are: Hon. The Lord Chancellor’s role changed dramatically on 3 April 2006, as a result of the Constitutional Reform Act 2005. These courts were to be presided over by the existing district judges in most cases. The Minister will then consult with the senior judges, the first Minister and deputy First Minister in Northern Ireland. and institutions such as the police force, courts and judges are all seen as "white". We aim to continually improve the user experience for everyone, and apply the relevant accessibility standards. The temporary Commission will put forward two to five candidates to choose from. Explain (a) the process of selecting magistrates and (b) the work that they carry ... 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