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 enhances 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 Sandra Fredman and the UK equality legislation, this Article 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 on the UK Supreme Court bench.
Rachel Cahill-O'Callaghan & Pauline Roberts,
Hearing the Voice of the Woman Judge: Diversity, Equality, and Participation,
Dick. L. Rev.
Available at: https://ideas.dickinsonlaw.psu.edu/dlr/vol127/iss3/4