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I expressed my surprise the other day that Labour governments in the previous century had always scrupulously respected the "unwritten constitution", i.e. the Establishment conventions, precedents and gentlemen's agreements.

Of course, had they not done so, the Establishment courts would have come down on them like a ton of bricks. And it would have been the "law lords", not professional jurists.

I suppose that Boris assumed that it's OK if you are a Tory... and it's rather a surprise that the modern judges are professionals who take their jobs seriously.

Unsurprisingly, the Tories are starting to talk about judges being nominated by Parliament in the future... i.e. political appointees. This might seem democratic to the general public, but in fact, there is no democracy without an independent judiciary.

It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II

by eurogreen on Thu Sep 26th, 2019 at 04:31:07 PM EST
In theory, "there is no democracy without an independent judiciary".

In practice, Judges and parliament

In US, all Article III (federal court) judges are appointed by POTUS with "advice and consent" of the senate, alone.

The states elect or appoint judges to their courts according to their constitutional requirements.


Diversity is the key to economic and political evolution.

by Cat on Thu Sep 26th, 2019 at 04:46:10 PM EST
[ Parent ]
That has to do with accountability.

For appointment see:

Appointment

High Court judges are appointed by The Queen on the advice of the Lord Chancellor. Under the Constitutional Reform Act 2005 the Judicial Appointments Commission has removed the appointment of judges from the overtly political arena. High Court judges, as with other judges, are appointed on open competition.

High Court judges, as with all judges in England and Wales, hold office during good behaviour; this is laid down in the Bill of Rights 1689. This gives them greater security of tenure than if they held office during His or Her Majesty's pleasure and is designed to protect their independence. A High Court judge can only be removed by the Queen upon an Address of both Houses of Parliament.



"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Sep 26th, 2019 at 07:40:54 PM EST
[ Parent ]
hmm, yes, well, I did provide comprehensive reference above, "Judges and parliament" (judiciary.gov), to teh system.
Judicial Appointments Commission has removed the appointment of judges from the  overtly political arena.
That phrasing coupled to another, "open competition," is a bit of disingenuous representation (stereotypical British understatement), you will discover upon further inspection--left sidebar directory.

All officers of the ministry (judiciary) are appointed by the government of the day, of course, predicated on "confidence" of [the Crown in] parliament, elected by teh people. Each government is expected to ahh effect a peculiar "policy agenda" (Queen's Speech), is it not.

"All officers" includes the JAC as these are confirmed by ...Lord Chancellor and Secretary of State for Justice, two executive agencies merged by the Constitutional Reform Act 2005. Public application ("open competition") and nominations ("private" referral) to judicial vacancies is qualified by written examination and ahh oral examination preceding confirmation by the JAC.

How does this "selection and confirmation" system compare to that in the US?

Diversity is the key to economic and political evolution.

by Cat on Fri Sep 27th, 2019 at 04:03:17 PM EST
[ Parent ]

derision cascading over collegial conference of to the once venerable, independent and LIBERAL Kennedy ...

Diversity is the key to economic and political evolution.

by Cat on Fri Sep 27th, 2019 at 04:49:58 PM EST
[ Parent ]
I think that the current UK system for appointing judges to high courts is FAR superior to the political method used in the USA. That is one thing the USA should adopt from the UK.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Sep 26th, 2019 at 06:01:11 PM EST
[ Parent ]
Why?

Diversity is the key to economic and political evolution.
by Cat on Thu Sep 26th, 2019 at 06:19:42 PM EST
[ Parent ]
The Republican Party, since the first Reagan Administration, has bragged about how they are going to appoint ideologically conservative judges to the court. Perhaps you are happy with the result. I am not. The UK system avoids that possibility.


"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Sep 26th, 2019 at 07:31:04 PM EST
[ Parent ]
That's not the answer that I was expecting. I was expecting a procedural critique of each system, given "executive" authority exercised in both systems regardless of party affiliation of the "executive" of the day.

I will rephrase.

Given "UK system for appointing judges to high courts is FAR superior to the political method used in the USA," in what manner is the UK system for appointing judges superior to that in the US?

Diversity is the key to economic and political evolution.

by Cat on Thu Sep 26th, 2019 at 07:55:05 PM EST
[ Parent ]
It minimizes partisan political influence.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Sep 26th, 2019 at 09:17:16 PM EST
[ Parent ]
I am expecting a procedural critique of the two systems.

How does the "FAR superior" UK system "minimizes partisan political influence" on appointing judges to high courts?

Diversity is the key to economic and political evolution.

by Cat on Thu Sep 26th, 2019 at 09:34:55 PM EST
[ Parent ]
The fact that you expected a different answer, doesn't mean you can demand a different one.
by Anspen on Sun Sep 29th, 2019 at 08:21:19 AM EST
[ Parent ]
m'k. Point taken. I will not quibble.

I got what I needed to know until further notice.

Diversity is the key to economic and political evolution.

by Cat on Mon Sep 30th, 2019 at 02:28:56 PM EST
[ Parent ]

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