Judges of the Supreme Court are appointed by the King by the issue of
letters patent, on the advice of the Prime Minister, to whom a name is recommended by a special selection commission. The Prime Minister is required by the Constitutional Reform Act to recommend this name to the King and not permitted to nominate anyone else.
Selection commission The selection commission is made up of the
President of the Court, another senior UK judge (not a Supreme Court Justice), and a member each from the
Judicial Appointments Commission, the
Judicial Appointments Board for Scotland and the Northern Ireland Judicial Appointments Commission. By law, at least one of these cannot be a lawyer. Should the President's place on the commission be unfilled, that place is to be taken by the next most senior judge of the court, either the
Deputy President or, if they are also vacant, the most senior Justice. However, there is a similar but separate commission to appoint the next President, which is chaired by one of the non-lawyer members and features another Supreme Court Justice in the place of the President. Both of these commissions are convened by the
Lord Chancellor. Section 60 of the Act defines "
the senior judges" as (a) the other judges of the Supreme Court, (b) the
Lord Chief Justice of England and Wales, (c) the
Master of the Rolls, (d) the
Lord President of the Court of Session, (e) the
Lord Chief Justice of Northern Ireland, (f) the
Lord Justice Clerk, (g) the
President of the King's Bench Division, (h) the
President of the Family Division and (i) the
Chancellor of the High Court. In the event that no judge from one of the UK's three jurisdictions has been consulted (e.g. if the Lord President and Lord Justice Clerk, the two most senior judges in Scotland, both wish to be considered for appointment, they will both be excluded from the consultation), the commission must consult the most senior judge in that jurisdiction who is not a member of the commission and does not wish to be considered for appointment. The selection must be made on merit, in accordance with the qualification criteria of section 25 of the Act (
above), of someone not a member of the commission, ensuring that the judges will have between them knowledge and experience of all three of the UK's distinct legal systems, having regard to any guidance given by the Lord Chancellor, and of one person only.
Lord Chancellor's role Once the commission has selected a nomination to make, this is to be provided in a report to the Lord Chancellor, who is then required to consult the judges and politicians already consulted by the commission before deciding whether to recommend (in the Act, "notify") a name to the
Prime Minister, who in turn advises the King to make the appointment. The Act provides for up to three stages in the Lord Chancellor's consideration of whether to do so: • When the selection is first put forward, the Lord Chancellor is entitled to accept the nomination, to reject it, or to ask the commission to reconsider. • If the nomination was rejected in Stage One, the commission must put forward a new name for Stage Two. The Lord Chancellor must either accept or ask the commission to reconsider. If instead the Lord Chancellor asked for reconsideration at Stage One, the commission may put forward either the same name or a new one. In either case, the Lord Chancellor must either accept or reject the name. In other words,
the Lord Chancellor has one opportunity to reject and one to ask for reconsideration. • At Stage Three (i.e. when the Lord Chancellor has both rejected and asked once for reconsideration), the name put forward by the commission must be accepted and forwarded to the Prime Minister, with one caveat: in the event the commission was asked to reconsider a name and then forwarded a new name, the Lord Chancellor may choose to accept the earlier name. ==Original judges==