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Reseña:
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Reseña:This contribution is an effort to conceptualize the ways in which we might understand the role that diversity on the bench plays in the independence of the judiciary. Could a judiciary homogenous in terms of race and gender also be an independent judiciary?2 In this paper, I explore the relationship between diversity and judicial independence and suggest that judicial independence may require a bench which “reasonably reflects the diversity of the society which it serves”.3In the Canadian context, judicial independence - the “cornerstone of democracy” - is described as dependent on a wide variety of conditions, including judicial remuneration, court budgets, the discipline of judges, politics and the appointments process, but these do notThis contribution is an effort to conceptualize the ways in which we might understand the role that diversity on the bench plays in the independence of the judiciary. Could a judiciary homogenous in terms of race and gender also be an independent judiciary? In this paper, I explore the relationship between diversity and judicial independence and suggest that judicial independence may require a bench which “reasonably reflects the diversity of the society which it serves”.In the Canadian context, judicial independence - the “cornerstone of democracy” - is described as dependent on a wide variety of conditions, including judicial remuneration, court budgets, the discipline of judges, politics and the appointments process, but these do notusually include a diverse judiciary.There is also a significant, but almost completely separate, Canadian literature about diversity on the bench. Why the separation? Part of the reason is that judicial independence (like any concept worth its salt) is not particularly well defined. Attempts at definition are often cabined by jurisdiction or limited to the world of theory. Furthermore, judicial independence is not a “goal in itself,” but rather a means to impartiality and legitimacy, so that links between diversity and legitimacy and impartiality might not explicitly mention judicial independence despite a clear connection. Another possible reason for the paucity of direct considerations of the topic may be the sense that we believe we have established institutional level judicial independence in this country. Thus even the government is prepared to accept that the bench ought to be diverse, and many will recognize the problem of a bench that lacks diversity - but we cannot recognize it as a judicial independence problem... |
