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

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Appointing Judges in an Age of Judicial Power

Critical Perspectives from around the World

Edited by: and

Language: English

Published/Copyright: 2006

About this book

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.

Author / Editor information

Malleson Kate :

Kate Malleson is a professor in the Department of Law at Queen Mary, University of London.Russell Peter H. :

Peter H. Russell is a professor emeritus of political science at the University of Toronto.

Topics

Social Sciences Political Science Political Science, other

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Frontmatter
i

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Contents
v

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Foreword
ix
Frank Iacobucci

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Preface
xi

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Introduction
1
Kate Malleson

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PART ONE: Appointing Judges in Established Democracies
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1. The Scottish Judicial Appointments Board: New Wine in Old Bottles?
13
Alan Paterson

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2. The New Judicial Appointments Commission in England and Wales: New Wine in New Bottles?
39
Kate Malleson

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3. Judicial Appointments in Post-Charter Canada: A System in Transition
56
F.L. Morton

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4. Legal Controversies over Federal Judicial Selection in the United States: Breaking the Cycle of Obstruction and Retribution over Judicial Appointments
80
Michael C. Tolley

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5. Judicial Appointments in New Zealand: If it were done when ’tis done, then ’twere well it were done openly and directly
103
James Allan

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6. ‘The judicial whisper goes around’: Appointment of Judicial Officers in Australia
122
Elizabeth Handsley

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7. Merit Selection and Diversity in the Dutch Judiciary
145
Leny E. De Groot-Van Leeuwen

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8. Judicial Selection in Italy: A Civil Service Model with Partisan Results
159
Mary L. Volcansek

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9. The Selection of Judges in France: Searching for a New Legitimacy
176
Doris Marie Provine and Antoine Garapon

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10. The Selection Process of Constitutional Court Judges in Germany
196
Christine Landfried

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PART TWO: Appointing the Judges of International Courts
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11. Judicial Selection for International Courts: Towards Common Principles and Practices
213
Ruth Mackenzie and Phillipe Sands

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PART THREE: Appointing Judges in New Democracies and Transitional States
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12. Judicial Appointments and Promotions in Israel: Constitution, Law and Politics
241
Eli M. Salzberger

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13. The Politics of Judicial Selection in Egypt
260
Mahmoud M. Hamad

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14. Judicial Selection in Post-Apartheid South Africa
280
Ffrançois Du Bois

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15. A Judiciary in Transition: Reflections on the Selection of Judges in Namibia
313
Sufian Hemed Bukurura

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16. Creating a Compliant Judiciary in Zimbabwe, 2000–2003
331
Derek Matyszak

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17. The Politics of Judicial Selection and Appointments in Japan and Ten South and Southeast Asian Countries
355
David M. O’brien

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18. Judicial Selection in Russia: Towards Accountability and Centralization
375
Alexei Trochev

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19. Improving the Quality of the Judiciary in China: Recent Reforms to the Procedures for Appointing, Promoting, and Discharging Judges
395
Colin Hawes

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Conclusion
420
Peter H. Russell

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Table of Cases
437

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Bibliography
441

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Contributors
469

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Publishing information

Pages and Images/Illustrations in book

eBook published on:

February 15, 2006

eBook ISBN:

9781442670921

Pages and Images/Illustrations in book

Main content:

450

https://doi.org/10.3138/9781442670921

eBook ISBN: 9781442670921

Audience(s) for this book

College/higher education;Professional and scholarly;

University of Toronto Press

Appointing Judges in an Age of Judicial Power

Overview

About this book

Author / Editor information

Topics

Table of contents

Frontmatter

Contents

Foreword

Preface

Introduction

1. The Scottish Judicial Appointments Board: New Wine in Old Bottles?

2. The New Judicial Appointments Commission in England and Wales: New Wine in New Bottles?

3. Judicial Appointments in Post-Charter Canada: A System in Transition

4. Legal Controversies over Federal Judicial Selection in the United States: Breaking the Cycle of Obstruction and Retribution over Judicial Appointments

5. Judicial Appointments in New Zealand: If it were done when ’tis done, then ’twere well it were done openly and directly

6. ‘The judicial whisper goes around’: Appointment of Judicial Officers in Australia

7. Merit Selection and Diversity in the Dutch Judiciary

8. Judicial Selection in Italy: A Civil Service Model with Partisan Results

9. The Selection of Judges in France: Searching for a New Legitimacy

10. The Selection Process of Constitutional Court Judges in Germany

11. Judicial Selection for International Courts: Towards Common Principles and Practices

12. Judicial Appointments and Promotions in Israel: Constitution, Law and Politics

13. The Politics of Judicial Selection in Egypt

14. Judicial Selection in Post-Apartheid South Africa

15. A Judiciary in Transition: Reflections on the Selection of Judges in Namibia

16. Creating a Compliant Judiciary in Zimbabwe, 2000–2003

17. The Politics of Judicial Selection and Appointments in Japan and Ten South and Southeast Asian Countries

18. Judicial Selection in Russia: Towards Accountability and Centralization

19. Improving the Quality of the Judiciary in China: Recent Reforms to the Procedures for Appointing, Promoting, and Discharging Judges

Conclusion

Table of Cases

Bibliography

Contributors

Bibliographic data