Rethinking the Merit Principle in Judicial Selection

15 Pages Posted: 8 May 2006

See all articles by Kate Malleson

Kate Malleson

Queen Mary University of London, School of Law

Abstract

Against the background of the continuing lack of diversity in the makeup of the judiciary in England and Wales, this article explores the reasons behind the consistent rejection of affirmative action policies in relation to the judicial appointment process. It examines the relationship between affirmative action and the merit principle in this context and argues that the belief that the two are inherently in tension rests on implicit assumptions about both which are open to question.

Suggested Citation

Malleson, Kate, Rethinking the Merit Principle in Judicial Selection. Journal of Law and Society, Vol. 33, No. 1, pp. 126-140, March 2006, Available at SSRN: https://ssrn.com/abstract=881880 or http://dx.doi.org/10.1111/j.1467-6478.2006.00351.x

Kate Malleson (Contact Author)

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

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