Full Description
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.
Contributors:
Jim Allen
Sufian Hemed Bukurura
Leny De Groot
Francois du Bois
Antoine Garapon
Mahmoud Hamad
Elizabeth Handsley
Colin Hawes
Christine Landfried
Ruth Mackenzie
Kate Malleson
Derek Matyszakv
Ted Morton
David O'Brien
Alan Paterson
Marie Provine
Peter H. Russell
Eli Salzberger
Phillipe Sands
Michael Tolley
Alexei Trochev
Mary Volcansek
Contents
Foreword
Preface
Introduction
KATE MALLESON
PART ONE: APPOINTING JUDGES IN ESTABLISHED DEMOCRACIES
The Scottish Judicial Appointments Board: New Wine in Old Bottles?
ALAN PATERSON
The New Judicial Appointments Commission in England and Wales: New Wine in New Bottles?
KATE MALLESON
Judicial Appointments in Post-Charter Canada: A System in Transition
F.L. MORTON
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
JAMES ALLAN
'The judicial whisper goes around': Appointment of Judicial Officers in Australia
ELIZABETH HANDSLEY
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
CHRISTINE LANDFRIED
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
MAHMOUD M. HAMAD
Judicial Selection in Post-Apartheid South Africa
FRANÇOIS DU BOIS
A Judiciary in Transition: Reflections on the Selection of Judges in Namibia
SUFIAN HEMED BUKURURA
Creating a Compliant Judiciary in Zimbabwe, 2000-2003
DEREK MATYSZAK
The Politics of Judicial Selection and Appointments in Japan and Ten South and Southeast Asian Countries
DAVID M. O'BRIEN
Judicial Selection in Russia: Towards Accountability and Centralization
ALEXEI TROCHEV
Improving the Quality of the Judiciary in China: Recent Reforms to the Procedures for Appointing, Promoting, and Discharging Judges
COLIN HAWES
Conclusion
PETER H. RUSSELL
Table of Cases
Bibliography
Contributors
