The purpose of this research is to discuss the meaning of representative judiciary and its importance to ensure public confidence and establish rule of law, independence of judiciary, provisions of Constitutional Reform Act 2005, function, and composition of judicial appointment commission, diversity statistics and general overview, key changes to attaining diversified judiciary to ensure equality and so on. This report concentrates on the position of Bangladesh in this regard.
The representative judiciary concept endorses a form of judicial appointment where judges would be selected from diverse races, gender, ethnicity, minority groups, and other deprived segments of society to reflect thoughts of common people to ensure that judges enforce neutrality and unbiased view, devoid of fear and favouritism in order to uphold rule of law rather than rule of people. Before 2005, only small numbers of judges appointed were female or ethnic minorities due to secretive selection process, personal recommendations from existing judges, unlimited power and discretion of the Lord Chancellor, no advertisements for vacancies, and so on. The Constitutional Reform Act 2005 has introduced a new appointment process of the judges and established a Judicial Appointment Commission (JAC) with intent to appoint judges solely based on merit and uphold the continued independence of the judiciary. Consequently, representation of women and other minority groups increased gradually in the UK judiciary. This report compares the appointment procedure between Bangladesh Judicial Service Commission (BJSC) and Judicial Appointment Commission (JAC) to assess the extent to which the UK is able to attain representative judicial system as a well-developed country.
Table of Contents
1. Introduction
2. A Representative Judiciary and Its Importance to Establish Rule of Law
3. Appointment Process before CRA 2005
4. Problems to Attaining a Representative Judiciary under the Old System
5. New Appointment Process under CRA 2005
6. Diversity Statistics and General Overview
7. Key Changes to Attaining a Representative Judiciary to Ensure Rule of Law
8. Representative Judiciary and the Rule of Law in Perspective of Bangladesh
9. Criticism
10. Positive Factors of Recruitment System under BJSC
11. Conclusion
Research Objectives & Key Themes
This report explores the concept of a representative judiciary, examining its critical role in bolstering public confidence, upholding the rule of law, and ensuring judicial neutrality. It provides a comparative analysis of judicial appointment processes in the United Kingdom under the Constitutional Reform Act 2005 and the recruitment system utilized by the Bangladesh Judicial Service Commission, specifically focusing on the challenges of diversity and representation.
- The theoretical and practical necessity of a representative judiciary for public trust.
- Evaluation of the UK's transition from the old system to the Judicial Appointment Commission (JAC).
- Comparative analysis of judicial appointment procedures in the UK and Bangladesh.
- Statistical review of gender and ethnic diversity within the judiciary.
- Assessment of institutional efforts to mitigate political influence and gender bias.
Excerpt from the Book
A Representative Judiciary and Its Importance to Establish Rule of Law
A representative judiciary reflects the thought that everyone should be able to participate in the small and large decisions that shape the society in which the people live, for instance-
o Attaining a representative judiciary is significant to focus on the rule of law rather than the rule of people;
o Judges hold a position of central significance relative to the idea of rule of law because they are expected to provide judgement in an entirely neutral way through a strict application of law, without considering own preference, or fear or favour of any parties to the action;
o The parties to the action must suppose the result is just and they will better accept the judgement of the judge appears a representative of the general society in which judgments are being made;
o The key role of the judges is to interpret and uphold the law, judicial review, sentencing, public inquiry, case management and dispute settlement;
Summary of Chapters
Introduction: This section outlines the scope of the report, covering judicial independence, the Constitutional Reform Act 2005, and the comparative focus on the Bangladeshi legal context.
A Representative Judiciary and Its Importance to Establish Rule of Law: This chapter defines the theoretical underpinnings of why a diverse judiciary is essential for maintaining neutrality and public faith in the rule of law.
Appointment Process before CRA 2005: This section reviews the historical, often secretive "secret sounding" method used for judicial appointments in the UK before the reform.
Problems to Attaining a Representative Judiciary under the Old System: This chapter highlights criticisms of the previous system, including the prevalence of the "old boy network" and the lack of transparency.
New Appointment Process under CRA 2005: This section details the establishment of the Judicial Appointment Commission (JAC) and its mandate to base appointments on merit.
Diversity Statistics and General Overview: This chapter provides data on the representation of women and minority groups within the various levels of the UK judiciary.
Key Changes to Attaining a Representative Judiciary to Ensure Rule of Law: This section summarizes the reforms introduced by the CRA 2005, such as clearer quality standards and reduced political influence.
Representative Judiciary and the Rule of Law in Perspective of Bangladesh: This chapter contextualizes the discussion within the Bangladeshi legal system, mentioning the landmark Mazdar Hossain case.
Criticism: This section addresses persistent challenges, such as potential political bias in appointments and current gender imbalances.
Positive Factors of Recruitment System under BJSC: This chapter outlines the strengths of the Bangladeshi recruitment system, including its merit-based testing and reservation quotas.
Conclusion: This final section synthesizes the findings, noting that while progress has been made in both nations, systemic challenges regarding diversity and representation remain.
Keywords
Representative Judiciary, Judicial Appointment, Constitutional Reform Act 2005, Judicial Appointment Commission (JAC), Independence of Judiciary, Bangladesh Judicial Service Commission (BJSC), Rule of Law, Public Confidence, Gender Representation, Ethnic Diversity, Merit-based Selection, Judicial Neutrality, Legal System Reform, Human Rights, Administrative Justice.
Frequently Asked Questions
What is the core subject of this research?
The work examines the importance of a representative judiciary in fostering public trust and upholding the rule of law, comparing the procedural reforms in the UK with the judicial recruitment landscape in Bangladesh.
What are the primary themes discussed in the paper?
Central themes include judicial independence, the transition from secretive to transparent appointment processes, the impact of merit-based systems, and the ongoing challenge of achieving demographic diversity on the bench.
What is the main research objective?
The objective is to evaluate how specific appointment procedures—specifically the UK's JAC and Bangladesh's BJSC—affect the representative nature of the judiciary and, consequently, the legitimacy of the legal system.
Which scientific method is applied?
The author employs a comparative legal analysis, utilizing statistical data, legislative reviews, and case law precedents to assess judicial appointment structures.
What is the focus of the main body?
The main body contrasts the historical and modern appointment practices in the UK with the legislative and operational framework governing the Bangladeshi judiciary, supported by quantitative diversity data.
How would you characterize the work with key terms?
The work is defined by terms such as Judicial Independence, Rule of Law, Meritocracy, Constitutional Reform, and Representative Judiciary.
How does the author view the "old boy network" in the pre-2005 UK system?
The author identifies this as a significant barrier to equality, noting that the system favored white, Oxbridge-educated males through personal recommendations and lack of transparency.
What is the significance of the Mazdar Hossain case in this research?
It is highlighted as a landmark case in Bangladesh that mandated the separation of the judiciary from the executive branch, forming the basis for the creation of the BJSC.
Does the paper suggest that diversity equals neutrality?
The paper suggests that a representative judiciary is a vital factor in ensuring neutrality, as it helps judges better reflect the diverse society they serve, thereby enhancing public confidence.
What is the main criticism regarding the current Bangladeshi system?
The primary concern is that despite transparent selection processes, the outcome of appointments still shows significant gender disparity, which may undermine the perceived impartiality of the courts.
- Quote paper
- Suchana Chowdhury Suchi (Author), 2015, The Importance of Representative Judiciary to Ensure Public Confidence, Munich, GRIN Verlag, https://www.grin.com/document/915715
