Page 12 - Judicial Diversity Update report
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communities.  A judiciary that markedly fails to reflect the ethnic, gender and
                  social composition of the nation poses a serious constitutional challenge.

            1.11.  Increasing the diversity of our judiciary (including ‘cognitive diversity’ ) is
                  also  about  improving  the  quality  of  judgments.  A  large  body  of  evidence
                  confirms that different but complementary perspectives are better for collective
                  decision-making than homogenous ones.  This is critical when judges sit in
                  panels,  but  is  valuable  also  to  judges  sitting  alone,  who  benefit  from  the
                  wisdom of their colleagues whether through personal contact or reading their
                  decisions.  In  the  commercial  world,  numerous  wide-ranging  studies
                  demonstrate  the  direct  correlation  between  increased  gender  and  ethnic
                  diversity  in  senior  decision  making  and  increased  profitability  and

            1.12.  The task of judging is difficult and demanding, and the range of cases in which
                  judgments must be made is extremely broad.  The quality of those judgments
                  will be vastly improved as a result of the different perspectives brought to
                  decision-making by those with different characteristics and life experiences.
                  We have taken evidence from several judges who have lamented the absence
                  of judicial colleagues from different social and ethnic backgrounds, with whom

            4  D Lammy, The Lammy Review: An independent review into the treatment of, and outcomes for,
            Black, Asian and Minority Ethnic individuals in the Criminal Justice System, (2017), p.37.
            5  A. Paterson & C. Paterson, Guarding the Guardians?, towards an independent, accountable and
            senior judiciary, (Centre Forum, 2015), p.37.
            6  Cognitive diversity is the inclusion of people who think differently or process information
            differently, specifically looking at problem-solving and how individuals think about and engage with
            new, uncertain, and complex situations.
            7  I. Bohnet, What Works, (Harvard University Press, 2016), Chapter 11, pp.229-30; J. Surowiecki, The
            Wisdom of Crowds, (Anchor, 2005), Chapter 2. See also: D.L. Rhode, Lawyers As Leaders, (Oxford
            University Press, 2015), p.47: famously, some American presidents surround themselves with a “team
            of rivals” to avoid the “perils of insular thinking” (including Presidents Lincoln and Obama); The Rt.
            Hon. Sir Terence Etherton, Liberty, the archetype and diversity: a philosophy of judging, Public Law,
            2010, p.11.
            8  See, for example, V. Hunt et al, Why diversity matters, McKinsey & Company, January 2018,
            available online at
            diversity-matters; Credit Suisse Research Institute, Gender Diversity and Corporate Performance,
            2012, available online at
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