The Judges of the English Court of Appeal: Public Law Decision-Making Characteristics and Chances of Promotion to the House of Lords

This chapter examines several characteristics of the public law decision making of the English Court of Appeal and its judges. It also examines the individual decision-making patterns of the Court’s judges and their influence on chances of promotion. A comparison between the decision-making characteristics of the Lords Justices of Appeal and the Law Lords can, therefore, also shed light on the government’s or the Lord Chancellor’s policies regarding promotions of judges. The period in the Court of Appeal for the judges who are subsequently promoted to the House of Lords is about 6 years, and the average age at promotion to the House of Lords is 63 to 64 years. The chapter explores various aspects of the decision making of the Court of Appeal from the perspective of the political factor or vis-a-vis the governments in power.