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

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 5 Foreword 9 Preface 11 Introduction 13 PART ONE: Appointing Judges in Established Democracies 25 1. The Scottish Judicial Appointments Board: New Wine in Old Bottles? 25 2. The New Judicial Appointments Commission in England and Wales: New Wine in New Bottles? 51 3. Judicial Appointments in Post-Charter Canada: A System in Transition 68 4. Legal Controversies over Federal Judicial Selection in the United States: Breaking the Cycle of Obstruction and Retribution over Judicial Appointments 92 5. Judicial Appointments in New Zealand: If it were done when ’tis done, then ’twere well it were done openly and directly 115 6. ‘The judicial whisper goes around’: Appointment of Judicial Officers in Australia 134 7. Merit Selection and Diversity in the Dutch Judiciary 157 8. Judicial Selection in Italy: A Civil Service Model with Partisan Results 171 9. The Selection of Judges in France: Searching for a New Legitimacy 188 10. The Selection Process of Constitutional Court Judges in Germany 208 PART TWO: Appointing the Judges of International Courts 225 11. Judicial Selection for International Courts: Towards Common Principles and Practices 225 PART THREE: Appointing Judges in New Democracies and Transitional States 253 12. Judicial Appointments and Promotions in Israel: Constitution, Law and Politics 253 13. The Politics of Judicial Selection in Egypt 272 14. Judicial Selection in Post-Apartheid South Africa 292 15. A Judiciary in Transition: Reflections on the Selection of Judges in Namibia 325 16. Creating a Compliant Judiciary in Zimbabwe, 2000–2003 343 17. The Politics of Judicial Selection and Appointments in Japan and Ten South and Southeast Asian Countries 367 18. Judicial Selection in Russia: Towards Accountability and Centralization 387 19. Improving the Quality of the Judiciary in China: Recent Reforms to the Procedures for Appointing, Promoting, and Discharging Judges 407 Conclusion 432 Table of Cases 449 Bibliography 453 Contributors 481 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