During the last thirty years, the judiciary has undergone an unprecedented expansion in its size and power. Judges now have more influence over our private and public lives than ever before. The effect of this change has been to transform the judiciary from an inward-looking elite into an increasingly heterogeneous professional body. 'The New Judiciary' examines the developments which have taken place in the appointment, training and scrutiny of judges as a result of the expanding judicial role. It highlights the increasing tension between the requirements of judicial independence and accountability which these changes are producing. The traditional insulation of the judiciary from all external influences is being challenged by the need for greater openness and public scrutiny of the judicial process. The passing of the Human Rights Act 1998, incorporating the European Convention on Human Rights into domestic law represents another stage in this process by expanding the policy-making role of the senior judiciary still further. As a result, the continuing modernisation of the judiciary, which is the subject of this book, will be a increasingly important feature of the legal and political process in the years ahead.
Table of Contents
Contents: Introduction; Activism; Accountability and independence; Appointments; Training; Scrutiny; Conclusion; Bibliography; Index.
’Kate Malleson’s new book is an admirable and exciting study of the role of the Judiciary. She wrestles with issues which are frequently assumed but rarely discussed...This is essential reading for all those concerned with constitutional issues and the legal system.’ Robert Stevens, Pembroke College, UK ’This interesting book should be read by everyone...the book has much on training.’ New Law Journal ’This is a well written, scholarly and thoughtful work on the judiciary at the turn of the millennium, strong on analysis and research.’ Justice of the Peace ’...excellent book...most interesting and timely study...its significance is considerable.’ International Criminal Justice Review