The murky and mysterious process behind selecting the people who interpret our laws

Jessica Kerr: Who makes judges? · 13:04 · Video: TED · Watch at the source

In short: We rely on the judiciary to ensure everyone is treated fairly under the law, yet the specific qualifications and selection processes for these vital roles often remain vague or even taboo to discuss. How does a lawyer actually become a judge, and what ensures their independence and integrity?

The judiciary is responsible for interpreting the law, applying legislation, and ensuring fairness for all. Although people often envision a magistrate wearing traditional robes and wigs during criminal trials, the scope of the role is much broader. The legal system in England and Wales comprises judges working within Civil, Family, and Criminal courts, alongside members of the Supreme Court, Court of Appeal, and High Court. This judicial body operates across various court types and tribunals throughout the country. Each specific venue focuses on distinct legal sectors.

Beyond traditional courts, the system includes a vast network of tribunals. As of April 2025, England and Wales had 3,578 court judges and 1,716 tribunal judges. There were also 3,069 non-legal members of tribunals who sit on panels alongside judges to provide specialist knowledge in areas like medicine, social work, or surveying. These non-legal members participate in decision-making and help draft decisions after a hearing concludes. The Upper Tribunal and First-tier Tribunal are divided into several chambers. These include the Property Chamber as well as the Tax and Chancery Chamber.

The selection process is not uniform across all roles. While most judicial roles are defined by principles of independence, impartiality, and integrity, others follow different paths. For example, coroners—specialist judges who investigate specific types of deaths—are appointed by local authorities rather than through standard judicial appointment routes. Despite the prestige of these roles, the exact criteria for what qualifies someone to become a judge can remain surprisingly mysterious and even taboo to discuss.

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