How are SC justices appointed?

  1. VACANCY
  • Vacancy arises.
  • 5-member selection commission convenes to consider possible nominees – based on merit.
  • To be considered you must have held high judicial office for at least 2 years/qualifying practitioner for 15 years.
  • Vacancies filled by an ad hoc 5-member selection commission – not the JAC which deals with the appts to senior judiciary – made up of pres of SC, dep pres of SC, one member of JAC, one member of Judicial App Board for Scotland and one member of NI JAC.
  • Input of gov ministers has been greatly reduced – not allowed to repeatedly reject names put forward.
  1. LORD CHANCELLOR
  • Commission submits report to lord chancellor identifying nominee.
  • LC can either: require them to reconsider selection, reject selection or accept.
  • Appointments used to be made just by lord chancellor/PM but was said that system lacked transparency, undermined sep of powers and resulted in all judges being from a small social circle – white/Oxbridge etc – led to CRA (05).
  1. CONFIRMATION
  • If the Secretary of State for Justice approves the person selected by the commission, the Prime Minister must then recommend that person to the Monarch for appointment.
  • The government is minimally involved in selecting Supreme Court justices, and the legislature is not involved at all (beyond passing the law that governs the appointment process in the first place).