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

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

by Kate Malleson, Peter H. Russell
 

ISBN-10: 0802093817

ISBN-13: 9780802093813

Pub. Date: 03/28/2006

Publisher: University of Toronto Press, Scholarly Publishing Division

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,

Overview

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

Product Details

ISBN-13:
9780802093813
Publisher:
University of Toronto Press, Scholarly Publishing Division
Publication date:
03/28/2006
Edition description:
New Edition
Pages:
450
Product dimensions:
6.04(w) x 9.00(h) x 1.19(d)

Table of Contents

Foreword

Preface

Introduction
KATE MALLESON

PART ONE: APPOINTING JUDGES IN ESTABLISHED DEMOCRACIES

  1. The Scottish Judicial Appointments Board: New Wine in Old Bottles?
    ALAN PATERSON
  2. The New Judicial Appointments Commission in England and Wales: New Wine in New Bottles?
    KATE MALLESON
  3. Judicial Appointments in Post-Charter Canada: A System in Transition
    F.L. MORTON
  4. Legal Controversies over Federal Judicial Selection in the United States: Breaking the Cycle of Obstruction and Retribution over Judicial Appointments
    MICHAEL C. TOLLEY
  5. Judicial Appointments in New Zealand: If it were done when ’tis done, then ’twere well it were done openly and directly
    JAMES ALLAN
  6. ‘The judicial whisper goes around’: Appointment of Judicial Officers in Australia
    ELIZABETH HANDSLEY
  7. Merit Selection and Diversity in the Dutch Judiciary
    LENY E. DE GROOT-VAN LEEUWEN
  8. Judicial Selection in Italy: A Civil Service Model with Partisan Results
    MARY L. VOLCANSEK
  9. The Selection of Judges in France: Searching for a New Legitimacy
    DORIS MARIE PROVINE and ANTOINE GARAPON
  10. The Selection Process of Constitutional Court Judges in Germany
    CHRISTINE LANDFRIED

PART TWO: APPOINTING THE JUDGES OF INTERNATIONAL COURTS

  1. 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

  1. Judicial Appointments and Promotions in Israel: Constitution, Law and Politics
    ELI M. SALZBERGER
  2. The Politics of Judicial Selection in Egypt
    MAHMOUD M. HAMAD
  3. Judicial Selection in Post-Apartheid South Africa
    FRANÇOIS DU BOIS
  4. A Judiciary in Transition: Reflections on the Selection of Judges in Namibia
    SUFIAN HEMED BUKURURA
  5. Creating a Compliant Judiciary in Zimbabwe, 2000–2003
    DEREK MATYSZAK
  6. The Politics of Judicial Selection and Appointments in Japan and Ten South and Southeast Asian Countries
    DAVID M. O’BRIEN
  7. Judicial Selection in Russia: Towards Accountability and Centralization
    ALEXEI TROCHEV
  8. 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

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