Secondly, a quote from one of the Australian judicial interviewees is illuminating: Its work has influenced policy development in the UK, ensuring that sound evidence, ideas and argument are communicated to a broad range of policy makers in this area.
Nevertheless, it appears that the opportunity for judging in a substantively different way is likely to arise in only a minority of cases.
Even if this occurs, however, the progress on diversity is likely to be slow so long as the legal profession retains its strong influence over these appointments, especially at the crucial higher levels of the judiciary. I think it could be made on anything.
You influence each other by your general approaches to things. Regardless of gender, race, disability, sexual orientation, religion or age.
Space does not permit a thorough exposition of how a feminist perspective makes a difference to judicial decisions, although I have discussed this at greater length elsewhere.
Rewrite advisory panel on judicial diversity have seen how judicial ideology discourages performances of difference, but the situation could equally be reversed. If she sits on an appellate court, she can, at worst, dissent.
They have proposed a number of measures to address this influence, such as limiting reliance on judicial references, greater openness as to the profile and appointment of Deputy High Court Judges, and the use of quotas. In other words they provide many, many protections for the accused person, as they should.
Criticisms of the uniform social composition and political views of the judiciary long preceded this, and were subsequently stimulated by the ongoing diversification of solicitors and to a lesser extent barristers.
Nicola Brewer CMG to serve as members of the panel.
There are, in turn, two main theories as to why and how women judges will bring a gendered sensibility to bear.
Lady Hale is the only female Supreme Court Judge. Judge 24 Some mentioned sentencing as an area of greater discretion and latitude, although here too there might be statutory mandatory sentences for some offences, or an appeal court exercising a high degree of scrutiny and laying down many technical requirements Judges 11, 12, 17, 24, I begin, however, with a brief summary of the key points of the conversation to date.
The advisory panel has now completed its work and produced its final report. We need more feminist judges: This is what Erika Rackley has termed the Little Mermaid syndrome: How Merit is Gendered, 29 Sydney L.
It is in these cases that judicial diversity, by enabling the issues to be examined through the lens of previously excluded perspectives, is likely to produce better justice. First, there may be little scope for any form of judicial activism at the court level or within the jurisdiction in which the judge is sitting.
City Square 57http: I used to be quite sceptical about these arguments that it made a difference. If she sits on an appellate court, she can, at worst, dissent. This became evident when I conducted a systematic study of all the judgments of a particular Australian judge during the first three years of her appointment to a State Court of Appeal.
The Impossibility of Substantive Diversity To begin with the counter arguments, the contention that women might theoretically judge differently is countered from several angles by arguments that they do not and in fact cannot do so in practice.
Lau, supra note 3, at City Square 11http: From to she undertook research on 'positive action' - activity designed to improve the position of a social groups that have suffered systematic disadvantage. See Constitutional Reform Act,c. See generally Dermot Feenan, Women Judges: Much has been written about the value of dissents, 79 and a little has been written on the dangers of too much unanimity.
So I may even have been harsher than white judges. First, there is the quantitative empirical literature which has sought to establish whether or not women judges make a difference.
For example, in March they met the new chair of the JAC; in October they met with senior officials from the MoJ with responsibility for taking forward the report of the Advisory Panel; in May they met five of the six most senior female judges in England and Wales.
That is an entirely legitimate option within our judicial system. 1 An Advisory Panel on Judicial Diversity, 48 In these projects, participants rewrite selected legal decisions, imagining they were a feminist judge sitting on the court alongside the original judges, and writing the judgment a feminist judge might have written.
established Rewrite Advisory Panel has been given the role of considering whether any unintended legislative changes arise under the ITA and to make recommendations as to how any such changes should be dealt with.
The U.S. Feminist Judgments Project seeks contributors of rewritten judicial opinions and commentaries for an edited collection tentatively titled, Feminist Judgments: Rewritten Family Law Opinions. This edited volume is part of a collaborative project among law professors and others to rewrite.
Improving judicial diversity The report of the Advisory Panel on Judicial Diversity was published in February Published 10 May From: Ministry of Justice. This was published under the.
real impact of judicial diversity on the law as well as the infl uence of perspective Feminist judgments: rewritten opinions of the United States Supreme Court / Bridget J. Crawford, Pace University School of Law, Advisory panel xxv Preface xxix Acknowledgments xxxi About. The Advisory Committee noted that recent judicial training conferences have attempted to eliminate the misconception among judges that requesting remand of MDL cases is a "failure" and that global settlement of an MDL is always the preferred outcome.Rewrite advisory panel on judicial diversity