HAMLYN - College of Social Sciences and International Studies ...

Human Rights
Home Affairs Committee concluded unanimously, "we have not
been persuaded that the quality of appointees would necessarily
improve if a Judicial Appointments Commission were to be
established." 92 I tend to agree with that view, though the
appointment of such a Commission could help to diminish any
public concern about the composition of the judiciary. For the
moment, however, I count myself amongst those who say they
are not convinced of the need for such an innovation.
The other quite separate question, which relates more directly
to the introduction of a Bill of Rights, is whether the views of
judges should be explored and taken into account before they
are appointed, and, if so, how that should be done. Interviews
for those applying for judicial office at the lower levels are now
the rule. 93 But such interviews, which are of the order of 45
minutes, do not explore the candidate's views on social policy
questions. 94 Should that be part of the process? Should such
interviews be introduced for candidates for higher judicial office
and, if so, should they be held in public? I imagine that most
English lawyers and judges would recoil from such an idea. I
confess that I recoil from it myself. In some common law
countries, interviews with prospective judges at the highest
level have been introduced and seem to be working. The judges
appointed to the Constitutional Court in South Africa, for
instance, are required to attend a public interview before the
Judicial Services Commission. Dr Kate Malleson reports that
"despite the initial misgivings which were expressed by lawyers
and judges in South Africa about the use of such interviews, the
general opinion now seems to be strongly supportive of their
use as a means of identifying the broad approach of the
candidates to the judicial role". 95 Sir Sydney Kentridge Q.C. has
described the process as follows:
92 op. tit, n. 87 at para. 142.
93 All those appointed to the post of District Judge, Assistant Recorder, Recorder
and Circuit judges are interviewed by a panel consisting of a judge, someone
from the LCD and a lay person.
94 The purpose of the interview is to test the candidate in regard to the criteria
for appointment. These are under three headings: Legal Knowledge and
Experience; Skills and Abilities; and Personal Qualities. Personal Qualities are
said to be Integrity; Fairness; Understanding of people and society—
sensitivity to different ethnic and cultural backgrounds; Maturity and sound
temperament; Courtesy and humanity; and Commitment (Guidance Notes for
Consultees, November 1999).
95 Malleson, op. tit, n. 67 above, p. 100.
100