Diverse and inclusive high courts: a global and intersectional perspective

Abstract

ABSTRACT Critical race feminists call attention to the ways in which multiple and overlapping forms of privilege and discrimination shape individual experiences and perspectives. In this article, we argue that judiciaries cannot be fully inclusive if their composition does not reflect a society’s intersecting sources of disadvantage. We consider intersectional inclusion on high courts from a comparative perspective. Most existing practices of representation on high courts promote the inclusion of groups as if they are internally homogenous. We explore the attempts at and successes of promoting intersectional inclusion in the context of the high courts of Canada and South Africa. Although the inclusion of marginalized subgroups such as black women has not been automatic in South Africa, its progress is further along than Canada in promoting intersectional diversity on the highest court.