Judicial Retirement Ages in the UK: Legitimate Aims and Proportionate Means?

Abstract

While retirement ages have been removed for the majority of the UK workforce, the judiciary remains one of the few professions that is systematically compulsorily retired at the age of 70. There is a need to critically examine why judges should be the exception to the general prohibition of mandatory retirement, and whether this approach is appropriate in a modern democratic society. This paper critiques the three aims put forward as supporting judicial retirement ages, namely recognising societal trends, securing judicial capacity and facilitating new and more diverse judicial appointments. Though there may well be legitimate aims that support judicial retirement ages, there are very real q..