Discuss whether or not the most appropriate people are chosen as judges

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Discuss whether or not the most appropriate people are chosen as judges

Judges can be split into two categories; superior and inferior. Although each judge has a different role in their own court all appointment of judges goes through the Lord Chancellor, currently Lord Falconer.  But whether the appointment of judges is a fair process or not is a topic of interest and certain biases have been shown to exist.

For superior judges (Law Lords, Lord Justices of Appeal and Puisne Judges) it is the Lord Chancellor that actually selects them and does the appointing. However this has been shown to be an unfair process. There is an ‘Old Boys Network’ which basically means that if you are a friend of, or are known to the Lord Chancellor you have a higher chance of being selected as a judge. Obviously this is extremely unfair, as it has nothing to do with people’s ability and is all to do with who the Lord Chancellor knows and likes. This could mean that someone could become a judge who is not as worthy or will be as good at the job as another person who the Lord Chancellor doesn’t know.

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Another problem with the Lord Chancellor selecting who becomes a judge could be due to him having a political bias. The Lord Chancellor is appointed by the Prime Minister, so is likely to favour people who are supporters of the Prime Ministers party, so in the case of today this would be people supporting the Labour Party.

The process of appointing superior judges is extremely secretive so it is very easy for him to appoint the people he prefers without it becoming public knowledge that he knew them previously.

When appointing inferior judges the vacancies are ...

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