*/
The moral courage to make unpopular decisions is a necessary attribute of a judge, according to Lord Clarke.
In a paper on judicial appointments, “Selecting Judges: Merit, Moral Courage, Judgment and Diversity”, Lord Clarke of Stone-Cum-Ebony, formerly the Master of the Rolls and now a Justice of the Supreme Court, said four “essential” principles underpin any judicial selection and appointment process—openness, merit, good character and diversity.
Moral courage is as important as honesty in defining good character. He said: “Individuals who are likely to be swayed by public opinion, who might not make the right, the just, decision because it is an unpopular decision or because it is adverse to their interests cannot properly be seen as having good character.”
On diversity, he said judges must be properly representative of the state and not drawn from a single group within society. Therefore, more solicitors and those who do not practise advocacy should be encouraged to apply. Merit is a “mutable” criterion, but requires legal ability and practical judgment. Managerial skills are also required, as judges must actively case manage claims, as well as manage themselves and court staff.
“A judge must not only be seen and understood to be competent and able to exercise the moral courage needed to adjudicate fairly and justly, which comes through the merit criterion, they must also be trusted as individuals who will do so. Good character is essential to building this trust and confidence. It is difficult to conceive of a judiciary that could be trusted by the public to deal with cases justly, to do justice, if its members were not of unimpeachable character.”
An appointments process that is committed to openness is necessary in an open, democratic society, he said, particularly since the Human Rights Act 1998 and the greater use of judicial review applications means judges are “increasingly adjudicating as to rights between individuals and the state”.
He said that it was “absolutely essential” that active steps were taken to encourage all those who are eligible for appointment to apply. “It is no longer sufficient to carry on as before. Barristers, solicitors, legal executives, academics must be encouraged to apply where they meet the statutory qualification.”
On diversity, he said judges must be properly representative of the state and not drawn from a single group within society. Therefore, more solicitors and those who do not practise advocacy should be encouraged to apply. Merit is a “mutable” criterion, but requires legal ability and practical judgment. Managerial skills are also required, as judges must actively case manage claims, as well as manage themselves and court staff.
“A judge must not only be seen and understood to be competent and able to exercise the moral courage needed to adjudicate fairly and justly, which comes through the merit criterion, they must also be trusted as individuals who will do so. Good character is essential to building this trust and confidence. It is difficult to conceive of a judiciary that could be trusted by the public to deal with cases justly, to do justice, if its members were not of unimpeachable character.”
An appointments process that is committed to openness is necessary in an open, democratic society, he said, particularly since the Human Rights Act 1998 and the greater use of judicial review applications means judges are “increasingly adjudicating as to rights between individuals and the state”.
He said that it was “absolutely essential” that active steps were taken to encourage all those who are eligible for appointment to apply. “It is no longer sufficient to carry on as before. Barristers, solicitors, legal executives, academics must be encouraged to apply where they meet the statutory qualification.”
The moral courage to make unpopular decisions is a necessary attribute of a judge, according to Lord Clarke.
In a paper on judicial appointments, “Selecting Judges: Merit, Moral Courage, Judgment and Diversity”, Lord Clarke of Stone-Cum-Ebony, formerly the Master of the Rolls and now a Justice of the Supreme Court, said four “essential” principles underpin any judicial selection and appointment process—openness, merit, good character and diversity.
Moral courage is as important as honesty in defining good character. He said: “Individuals who are likely to be swayed by public opinion, who might not make the right, the just, decision because it is an unpopular decision or because it is adverse to their interests cannot properly be seen as having good character.”
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
National courts are now running the bulk of the world’s war crimes cases and corporate prosecutions are part of this growing trend, reports Chris Stephen
