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Law Essay: The Judiciary Of The English Legal System

861 words - 3 pages

LAW ESSAY: The Judiciary OF THE ENGLISH LEGAL SYSTEMEXPLAIN HOW THE JUDGES ARE APPOINTED AND HOW BOTH THE SELECTION AND TRAINING OF THE JUDGES HAS BEEN AFFECTED BY THE COURTS & LEGAL SERVICES ACT 1990?(ANS) The appointment of judges transpires where the Lord Chancellor (the head of the judiciary) who is key, has the jurisdiction to appoint or nominate all lower ranks of the judiciary. However, even though the higher ranks of the judiciary are appointed by the queen with guidance from the Prime minister, the Lord Chancellor is still very influential.Under the Courts and Legal Services Act 1990 the qualifications for varies judicial posts in the English legal system are contained. Furthermore, to become a judge at any level in the English legal system it is necessary to have qualified as a barrister or solicitor, whereas before the courts and legal services act 1990 there was a monopoly that the bar held on all superior judgeships, by basing qualifications on the relevant advocacy qualifications, and providing for promotion from one level to the next. Hence entailing that this act further allows solicitors to be illegible for judicial posts whereas before it was essential that one practiced as a barrister to become a judge. Furthermore, in 1994 the Lord Chancellor lifted the ban that prohibited lawyers in the civil service and crown prosecution service from becoming judges. In addition, these changes have all helped to widen the pool of potential candidates for judgeships, and may eventually help make the composition of the bench a wider cross section of society, hence paving the way for ethnic minorities and women to gain easier access to attain judicial posts.DISCUSS THE VIEW THAT MALE JUDGES ARE OLD AND OUT OF TOUCH, WHITE MALES?One of the criticisms of the judicial bench is that it is dominated by elderly, white upper-class males, well considering that it is unusual find a judge under 40 with superior well above this age and the retirement age being 70 for all judges the government cannot force the judge to resign if the judge makes a decision that the government doesn't agree with. However with reference to being judges being old and out of touch superior judges cannot be dismissed by the lord chancellor or the government ( Act of Settlement 1701) however the lord chancellor can nevertheless consult senior judges, and declare vacant office of any judge who is incapable of carrying out his work. In addition, pressure to resign from the judiciary may arise to due unsatisfactory judges this is evident where the Lord...

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