find the latest legal job
Senior Associate - Competition, Policy & Regulatory
Category: Other | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Work with a well regarded Partner · Sydney CBD
View details
Commercial Litigation Senior Associate
Category: Litigation and Dispute Resolution | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Lawyers Weekly Australia Partner of the Year 2016, Insolvency
View details
MULTIPLEX Regional Legal Counsel (Vic) | 7 to 10 years + PQE
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Career defining in-house role · Tier One international contractor
View details
Junior Lawyer - Personal Injury Law
Category: Personal Injury Law | Location: Parramatta & Western Suburbs Sydney NSW
· Highly specialized practice · Challenging role with great opportunities
View details
IR Advisor/Member Advocate
Category: Industrial Relations and Employment Law | Location: St Leonards NSW 2065
· Permanent (0.8-1.0 FTE) role in a developing team
View details
'Tie-breaker' law could give women judges the edge

'Tie-breaker' law could give women judges the edge

Women and other groups in the past shunned from the top echelons of the judiciary could soon have a new “positive action” law fall in their favour.

Women and other groups in the past shunned from the top echelons of the British judiciary could soon have a new “positive action” law fall in their favour.

New measures set to break the stranglehold of white men at the top of the judiciary are being pushed by a committee of peers and MPs in the UK this week, The Times reports.

The group favours implementing a “tie-breaker” law, which would allow those who appoint judges to favour women and ethnic minority candidates where two candidates are otherwise equal.

The peers and MPs are members of the influential Joint Constitution Committee, which will also recommend a radical shake-up of the High Court and Crown Courts, where they want judges to only sit part time.

It argues the part-time judicial posts in civil cases at least, should be available in the Crown Prosecution Service where there are more women and ethnic minority applicants than in the private profession, The Times reports.

The peers and MPs argue that the Supreme Court is “self-perpetuating”, because the appointments process is dominated by senior judges.

The Court is a powerful branch of government, yet it made up of 11 white men and one white woman. Its eight most recent appointments have all been white men. Yet the Supreme Court appointments process typically involves the assessment of candidates by up to 26 individuals, 21 of whom are judges.

Professor Alan Paterson, of the Centre for Professional Legal Studies, who is co-author of the report told The Times: “It is no reflection on the high-calibre individuals appointed under this system to say that it is untenable as a system.”

Chris Paterson, a researcher at CentreForum and co-author of a report to be released this week, which castigates the present process of appointing senior judges, said a strong senior judiciary must be supported by an appropriate appointments system.

“Diversity, as a basic component of the Supreme Court’s ability to deliver justice in a modern society, must be integral to this.”

 

 

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

'Tie-breaker' law could give women judges the edge
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Handshake
07:00
Silk picked to monitor national security laws
Dr James Renwick SC has been appointed as Independent National Security Legislation Monitor after se...
Two businessman, growth
Sep 19 2017
Aus catching up on international arbitration front
Australia is starting to see a spike in international arbitration with this set to continue over the...
Prison
Sep 19 2017
Manson family killer suffered ‘miscarriage of justice’: former lawyer
A retired Australian barrister has published a book on the Manson Family murders of 1969 and called ...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...