Archive for November 4th, 2011

“Fairness and equality are central values of the law, and the courts should reflect this. Everyone should be able to see the courts as their courts, there for all sections of society and not just for some.”

Baroness Hale, Justice of The Supreme Court of The United Kingdom

Lady Hale, rightly, has expressed the view that the judiciary is not diverse enough – drawing attention to the fact that she remains the only female justice in The Supreme Court.  Jennifer MacLeod, in The Guardian, has an interesting article on the theme: Resistance to diversity among judges is misguided and writes “Lady Hale’s right, diversity is a constitutional issue but a more representative bench would make for better decisions.”

It isn’t, of course, simply a matter of gender diversity. To gender we must add ethnicity and background – or, to be blunt about it, class background.  Professor J.A.G Griffiths published a seminal book in 1977 – The Politics of The Judiciary. I remember reading it and enjoying it at the time. The charge was made that the English judiciary was middle aged, middle class and white.  Middleminded may well have also been mentioned as an epithet.  I can’t recall if Griffiths or  another commentator  added the latter.

I found this on Google when I searched for Griffiths’ book… I just cannot resist..

Wikipedia, interestingly, notes Lady Hale’s membership of The Athenaeum.

I’m afraid I tend to the Groucho Marx school of thought about clubs these days: “I sent the club a wire stating, PLEASE ACCEPT MY RESIGNATION. I DON’T WANT TO BELONG TO ANY CLUB THAT WILL ACCEPT ME AS A MEMBER.”

I will admit to having been a member of several – East India, Reform and Queen’s Club – the latter two as part of a corporate deal.  I believe that I am still a member of The Union in Soho – but haven’t been for years and my membership may have lapsed.  I  was not a member of The Groucho Club in Soho but I had far too many amusing evenings there as a guest to need to be or wish to be.

Anyway, I digress – back to diversity and the best judge for the job.  The clue is in the last phrase ‘ the best judge for the job’.  I am all for diversity – but I am not keen on positive discrimination or tokenism;   it demeans the appointee and does not serve the system well.  In that, I am possibly in a minority – but I can see no benefit in selecting second best.  The better question is – are women, ethnic minorities and those from less privileged backgrounds getting a fair crack of the whip? I am not a practitioner.  I am not a sociologist – but I do keep my eyes and ears open and I have come to the view that there is a fair amount of ‘bird flocking togethery’ going on in the legal profession and this leads me, ineluctably, to a personal conclusion that the answer is NO.

I do accept that the profession is trying to bring in greater diversity.  I do accept that the selection of judges is more open – but I suspect that we have a fair way to go before we get a genuinely diverse legal profession and judiciary – a judiciary which is representative of society as a whole and one which will be more highly regarded because it will be seen to be so.

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