Appointing Judges in an Age of Judicial Power: Critical Perspectives from Around the World

by Malleson, Kate; Russell, Peter H.

• ISBN13: 9780802090539
• ISBN10: 0802090532
• Format: Hardcover
• Copyright: 2006-03-20
• Publisher: Univ of Toronto Pr

Summary

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 AllenSufian Hemed BukururaLeny De GrootFrancois du BoisAntoine GaraponMahmoud HamadElizabeth HandsleyColin HawesChristine LandfriedRuth MackenzieKate MallesonDerek MatyszakvTed MortonDavid O'BrienAlan PatersonMarie ProvinePeter H. RussellEli SalzbergerPhillipe SandsMichael TolleyAlexei TrochevMary Volcansek

Table of Contents

Foreword	ix
Preface	xi
Introduction	3	(10)
Kate Malleson
PART ONE: APPOINTING JUDGES IN ESTABLISHED DEMOCRACIES
The Scottish Judicial Appointments Board: New Wine in Old Bottles?	13	(26)
Alan Paterson
The New Judicial Appointments Commission in England and Wales: New Wine in New Bottles?	39	(17)
Kate Malleson
Judicial Appointments in Post-Charter Canada: A System in Transition	56	(24)
F.L. Morton
Legal Controversies over Federal Judicial Selection in the United States: Breaking the Cycle of Obstruction and Retribution over Judicial Appointments	80	(23)
Michael C. Tolley
Judicial Appointments in New Zealand: If it were done when 'tis done, then 'twere well it were done openly and directly	103	(19)
James Allan
'The judicial whisper goes around': Appointment of Judicial Officers in Australia	122	(23)
Elizabeth Handsley
Merit Selection and Diversity in the Dutch Judiciary	145	(14)
Leny E. De Groot-Van Leeuwen
Judicial Selection in Italy: A Civil Service Model with Partisan Results	159	(17)
Mary L. Volcansek
The Selection of Judges in France: Searching for a New Legitimacy	176	(20)
Doris Marie Provine
Antoine Garapon
The Selection Process of Constitutional Court Judges in Germany	196	(17)
Christine Landfried
PART TWO: APPOINTING THE JUDGES OF INTERNATIONAL COURTS
Judicial Selection for International Courts: Towards Common Principles and Practices	213	(28)
Ruth Mackenzie
Phillipe Sands
PART THREE: APPOINTING JUDGES IN NEW DEMOCRACIES AND TRANSITIONAL STATES
Judicial Appointments and Promotions in Israel: Constitution, Law and Politics	241	(19)
Eli M. Salzberger
The Politics of Judicial Selection in Egypt	260	(20)
Mahmoud M. Hamad
Judicial Selection in Post-Apartheid South Africa	280	(33)
Francois Du Bois
A Judiciary in Transition: Reflections on the Selection of Judges in Namibia	313	(18)
Sufian Hemed Bukurura
Creating a Compliant Judiciary in Zimbabwe, 2000-2003	331	(24)
Derek Matyszak
The Politics of Judicial Selection and Appointments in Japan and Ten South and Southeast Asian Countries	355	(20)
David M. O'Brien
Judicial Selection in Russia: Towards Accountability and Centralization	375	(20)
Alexei Trochev
Improving the Quality of the Judiciary in China: Recent Reforms to the Procedures for Appointing, Promoting, and Discharging Judges	395	(25)
Colin Hawes
Conclusion	420	(17)
Peter H. Russell
Table of Cases	437	(4)
Bibliography	441	(28)
Contributors	469