Appointing Judges in an Age of Judicial Power: Critical Perspectives from around the World
Published: February 2006© 2006
Imprint: University of Toronto Press
Page Count: 450 Pages
Dimensions: 6.00 x 9.00
450 Pages, 6.00 x 9.00 in
Ebook - PDF
The global expansion in judicial power has led to a growing interest in the way judges are chosen. Reform of the judicial selection process is on the political agenda in many countries but the nature of that process differs according to the type of process used - whether a career judiciary, an elected judiciary (direct and indirect), appointment by the executive, or a hybrid system.
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia. The contributors seek to assess the strengths and weaknesses of structural and procedural reforms being proposed or implemented. Particularly important issues include the growing pressure to rethink the balance between judicial independence and accountability and the growing recognition of the importance of selecting judiciaries with a greater diversity in composition.
Edited by Kate Malleson and Peter H. Russell, the volume marks the first time an analysis of judicial selection in such a wide range of different systems has been undertaken. It will interest anyone concerned with the global shift of political power toward the judiciary.
Sufian Hemed Bukurura
Leny De Groot
Francois du Bois
Peter H. Russell
PART ONE: APPOINTING JUDGES IN ESTABLISHED DEMOCRACIES
- The Scottish Judicial Appointments Board: New Wine in Old Bottles?
- The New Judicial Appointments Commission in England and Wales: New Wine in New Bottles?
- Judicial Appointments in Post-Charter Canada: A System in Transition
- Legal Controversies over Federal Judicial Selection in the United States: Breaking the Cycle of Obstruction and Retribution over Judicial Appointments
MICHAEL C. TOLLEY
- Judicial Appointments in New Zealand: If it were done when ’tis done, then ’twere well it were done openly and directly
- ‘The judicial whisper goes around’: Appointment of Judicial Officers in Australia
- Merit Selection and Diversity in the Dutch Judiciary
LENY E. DE GROOT-VAN LEEUWEN
- Judicial Selection in Italy: A Civil Service Model with Partisan Results
MARY L. VOLCANSEK
- The Selection of Judges in France: Searching for a New Legitimacy
DORIS MARIE PROVINE and ANTOINE GARAPON
- The Selection Process of Constitutional Court Judges in Germany
PART TWO: APPOINTING THE JUDGES OF INTERNATIONAL COURTS
- Judicial Selection for International Courts: Towards Common Principles and Practices
RUTH MACKENZIE and PHILLIPE SANDS
PART THREE: APPOINTING JUDGES IN NEW DEMOCRACIES AND TRANSITIONAL STATES
- Judicial Appointments and Promotions in Israel: Constitution, Law and Politics
ELI M. SALZBERGER
- The Politics of Judicial Selection in Egypt