Cardiff University | Prifysgol Caerdydd ORCA
Online Research @ Cardiff 
WelshClear Cookie - decide language by browser settings

Hearing the voice of the woman judge: Diversity, equality, and participation

Cahill-O'Callaghan, Rachel ORCID: https://orcid.org/0000-0002-7791-4578 and Roberts, Pauline ORCID: https://orcid.org/0000-0002-4577-2202 2023. Hearing the voice of the woman judge: Diversity, equality, and participation. Dickinson Law Review 127 (3) , 735.

[thumbnail of HEARING THE VOICE OF THE WOMAN JUDGE - DIVERSITY EQUALITY AND PARTICIPATION - Cahill-OCallaghanRoberts.pdf]
Preview
PDF - Accepted Post-Print Version
Download (452kB) | Preview

Abstract

The UK has not achieved the judicial diversity of other common law jurisdictions. Whilst there is some success in the lower courts, few women judges have ever sat on the UK Supreme Court Bench. It has long been argued that diversity enhances decision making, and the presence of women judges enhance the decision-making process. But this can only occur if women are appointed to the bench and supported to participate fully. Drawing on the theoretical framework developed by Fredman and the UK equality legislation, this paper explores how the structures and processes of the Supreme Court limit substantive equality on the bench. Analysis of the processes of appointments to the UK Supreme Court highlights the structural barriers to effective participation of women. Substantial procedural changes will be required if equality is ever to be achieved in the UK Supreme Court bench.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Cardiff Law & Politics
Publisher: Penn State Dickinson Law
ISSN: 2574-2604
Date of First Compliant Deposit: 9 March 2023
Date of Acceptance: 19 January 2023
Last Modified: 07 Mar 2024 11:10
URI: https://orca.cardiff.ac.uk/id/eprint/157627

Actions (repository staff only)

Edit Item Edit Item

Downloads

Downloads per month over past year

View more statistics