TED Talks Daily Who judges the judges? | Jessica Kerr
Jun 2, 2021
In this engaging discussion, Australian lawyer and magistrate Jessica Kerr delves into the obscure world of judicial selection. She highlights the vagueness surrounding how judges are chosen and argues for a 'judge school' to enhance justice and public trust. Kerr challenges the traditional merit-based system and critiques the lack of diversity in the judiciary. The conversation emphasizes the pressing need for transparency, accountability, and continued training to navigate the complexities of judicial roles and ensure fairness in legal outcomes.
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Judicial Power and Public Trust
- Australian judges wield immense power but are unelected, relying on public trust.
- This trust is vulnerable because appointments are shrouded in mystique, raising questions about their legitimacy.
Merit-Based Judicial Appointments
- Judges are appointed based on merit, emphasizing independence and restraint.
- However, the selection process is confidential and relies on advice from senior judges, raising concerns about bias.
Diversity and Experience in Judicial Selection
- Traditionally, judges are chosen from experienced barristers, who are historically homogenous.
- This raises diversity concerns and questions the suitability of courtroom experience for judging.