Premium
Rethinking the Merit Principle in Judicial Selection
Author(s) -
Malleson Kate
Publication year - 2006
Publication title -
journal of law and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.263
H-Index - 48
eISSN - 1467-6478
pISSN - 0263-323X
DOI - 10.1111/j.1467-6478.2006.00351.x
Subject(s) - affirmative action , context (archaeology) , diversity (politics) , relation (database) , selection (genetic algorithm) , action (physics) , law , political science , sociology , law and economics , computer science , geography , physics , archaeology , quantum mechanics , database , artificial intelligence
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.