Re: Boris Johnson plots 'Revenge'
Originally Posted by
shropshiregirl
->
What's wrong with that? surely better than the Masonic or you scratch my back selection as it is now?
What can possibly better than the present procedure?
Judges of the Supreme Court are appointed by The Queen by the issue of*letters patent,*on the advice of the Prime Minister, to whom a name is recommended by a special selection commission. The Prime Minister is required by the Constitutional Reform Act to recommend this name to the Queen and not permitted to nominate anyone else.
Selection commission
The selection commission is made up of the*President*and*Deputy President*of the Court, and a member each from the*Judicial Appointments Commission, the*Judicial Appointments Board for Scotland*and the Northern Ireland Judicial Appointments Commission.*Should either the President's or Deputy President's place on the commission be unfilled, that place is to be taken by the most senior ordinary judge of the court,*and should both offices be vacant, by the most senior and second most senior ordinary judges of the court.
Selection procedure
Once the commission is formed, there are a number of people it is required to consult. The first group is a set of "senior judges" defined by the Act who do*not*wish to be considered for nomination.*Section 60 of the Act defines "the senior judges" as (a) the other judges of the Supreme Court, (b) the*Lord Chief Justice of England and Wales, (c) the*Master of the Rolls, (d) the*Lord President of the Court of Session, (e) the*Lord Chief Justice of Northern Ireland, (f) the*Lord Justice Clerk, (g) the*President of the Queen's Bench Division, (h) the*President of the Family Division*and (i) the*Chancellor of the High Court. In the event that no judge from one of the UK's three jurisdictions has been consulted (e.g. if the Lord President and Lord Justice Clerk, the two most senior judges in Scotland, both wish to be considered for appointment, they will both be excluded from the consultation), the commission must consult the most senior judge in that jurisdiction who is not a member of the commission and does not wish to be considered for appointment.*The commission is then also required to consult the*Lord Chancellor, the*First Minister of Scotland, the*First Minister for Wales*and the*Secretary of State for Northern Ireland.
The selection must be made on merit, in accordance with the qualification criteria of section 25 of the Act (above), of someone not a member of the commission, ensuring that the judges will have between them knowledge and experience of all three of the UK's distinct legal systems, having regard to any guidance given by the Lord Chancellor, and of one person only.