The importance of women judges for improving the English Legal System

The English legal system is a powerful institution, vital to upholding justice and maintaining order across the country.[1] It plays a key role in interpreting laws and ensuring they are implemented fairly and consistently, protecting individual rights and reinforcing the rule of law. Its influence reaches beyond the courtroom, shaping public policy and promoting accountability throughout society.[2] Judges play a pivotal role in the legal system, as they are responsible for delivering judgments and sentences that must align with the laws of the land. However, judges are not infallible, and their decisions can sometimes be influenced by personal biases, such as those stemming from their gender or socioeconomic background. A more diverse and representative judiciary can help reduce these biases and promote fairer outcomes in the legal process. Given the crucial role the legal system plays in shaping society, it can be argued that greater representation of women is essential for fostering a more equitable system. At first glance, the English Legal System may appear to reflect gender diversity, but a closer look at the higher courts reveals a concerning lack of women representation. This disparity is particularly concerning given that these courts handle the most significant cases, often setting legal precedents that influence the future of law. The lack of diversity, among women in the higher courts of the English Legal System, makes it difficult to claim the system is functioning effectively in this regard. As women continue to face disadvantages in both public and private spheres, a more diverse judiciary would help address these issues.[3]

Greater women representation would bring valuable perspectives to the judiciary, enhancing its understanding of gender-related challenges, something which is currently lacking due to the male dominated nature of the system.[4] Progress has been made to this issue as reports from the UK Government and the Law Society research have shown an increase in representation throughout the years, however both argue that there is more work to be done and that it does play a role in improving the legal system. According to the Ministry of Justice’s Diversity of the Judiciary report, only 35% of court judges are women, with representation decreasing with the senior courts, where it goes down to 30% for the High Court and above.[5] A report by the House of Lords Constitution Committee on Judicial Appointments concluded that a more diverse judiciary would improve public trust and confidence in the justice system.[6] This suggests that a diverse and representative judiciary is integral to improving the effectiveness of their role, also highlighting a clear issue that the current judiciary has with its lack of diversity.

It could be argued, as the Lord Chief Justice suggests, that diversity may not significantly impact judicial outcomes, since judges are expected to remain objective and base their decisions solely on the facts and evidence presented.[7] This viewpoint is supported by Lord Neuberger’s experiment, which found that law students could only identify the correct gender of judges about half the time, suggesting that diversity might not affect their ability to adjudicate impartially.[8] However, this perspective overlooks the broader benefits of diversity. While judges strive to be objective, a more diverse judiciary can enhance the system's overall fairness by incorporating varied life experiences and viewpoints, ultimately leading to a more nuanced understanding of complex social issues. A notable example is the ‘bedroom tax’ case, in which the Supreme Court examined the legality of the government’s housing benefit cap.[9] Justice Hale, drawing on her unique perspective, found the policy discriminatory against a female claimant, a domestic violence survivor whose home had been specially adapted under a sanctuary scheme.[10] Although three of the four male justices expressed sympathy for the woman, they ultimately upheld the policy.[11] This case illustrates how a judge’s background can influence their rulings, highlighting the importance of increased representation to ensure that the judiciary better reflects the varied experiences of society.

The English legal system, while striving for fairness and objectivity, must acknowledge that its lack of diversity undermines its full potential. The lack of gender diversity may limit the judiciary's ability to fully grasp and address the unique challenges faced by different groups in society, thereby affecting the system's effectiveness in delivering justice. A judiciary that better reflects the society it serves would not only enhance the fairness of legal outcomes but also foster greater public confidence in the system. The inclusion of more women and underrepresented voices is essential, not as a token gesture, but as a means of ensuring that the legal system can truly understand and address the wide range of experiences and challenges faced by individuals. As demonstrated in cases like the ‘bedroom tax’ ruling, diverse perspectives can lead to more nuanced and empathetic decisions, ultimately strengthening the justice system's ability to serve all members of society.