And that's it from the #esranDur - we missed our speakers who weren't able to make it. Another great day of #socialrights discussions
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And now for Q&A for Anashri... #ESRANDur
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It is important to examine the judicial selection process as it feeds into the constitutional values of judiciary. #esranDur
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If judicial candidate is cautious re #ESR is this due to principle of deference or reticence to give effect to social justice #esranDur
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Paper at early stage of development but there are lessons for India to learn from ZA experience #ESRANDur
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The concerns about the ZACC CJ values have led to increasing scrutiny of the decisions which is a positive #ESRANDur
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The ZA constitutional values would allow for a questioning of a judicial candidate of their commitment to social justice etc #ESRANDur
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Suggestion that there should be clearer indication of the criteria used for selection and scoring #ESRANDur
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But even where the material in made available, there is no guarantee that this will be effectively used. #ESRANDur
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The DGRU has become increasingly important in gathering information - still little material on advocates or academic candidates #esranDur
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There are legitimate reasons for this remaining out of the public gaze, but it is not unproblematic. #ESRANDur
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If deliberation is taken away form the public gaze, can it be properly supervised? #ESRANDur
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Case: Suggestion that deliberations in judicial selection should be made public has been rejected. Reasons are sufficient. #esranDur
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General positive about JSE process - but some concerns and questions have been raised re political influence in deliberations #ESRANDur
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New legislation in India will redress this but there are some significant shortcomings - so lessons from ZA experience #ESRANDur
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Anashri sets out the historical assertion by the Indian judiciary of greater involvement in the judicial selection process #ESRANDur
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Need balance of pragmatism and principle but judges should be sufficiently independent of the executive. #ESRANDur
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Worrying that a judge who supports #equality and #esr might lead to her/him being consigned to lower echelons of power #ESRANDur
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Judicial selection in ZA has become more and more contentious as move away from 1994. Issues of diversity and executive deference #ESRANDur
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Particularly interested in the manner in which the who the judge is can change the decision/receptiveness to #esr - arbitrary?! #ESRANDur
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Focussing particularly on the change in ZACC and Indian SC jurisprudence about receptiveness to #ESR in the Apex Courts #ESRANDur
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Will this approach reduce judicial diversity? #esranDur
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2/2 #ESR? AP focuses on the particular focus on the CJ of the #ZACC - blatant misunderstanding of constitutional values #ESRANDur
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And now we have Anashri Pillay will discuss her paper on judicial selection processes and #ESR #ESRANDur
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Q&A Why is #equality so much easier to accept than #ESR? Probably because of #procedure/#substantive divide. #ESRANDur
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Need to reconceptualise the way the state engages with #ESR to make them more accessible to reduce fear within the political class #esranDur
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But the Court can have a particular function in holding other state bodies etc to account #ESRANDur
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Focus on justiciability is court centred and requires a litigant. The paper is not requiring this to be the only option #ESRANDur
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NI #BillofRights has been considered over a number of years ... to decades(!) and eventually rejected/parked by NIO - #discontent #ESRANDur
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NI has a distinct equality protection u/ s75 NIA which is not subject to judicial review - instead is Equality Commission #ESRANDur
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