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
Kate Malleson is a professor in the Department of Law at Queen Mary, University of London. Peter H. Russell is Professor Emeritus in the Department of Political Science at the University of Toronto. He has written extensively on issues related to the Canadian Constitution and Canadian politics in general.
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 FRANCOIS 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