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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
Kate Malleson is a professor in the Department of Law at Queen Mary, University of London.Peter H. Russell is a professor emeritus of political science at the University of Toronto.
ForewordPreface IntroductionKATE MALLESONPART ONE: APPOINTING JUDGES IN ESTABLISHED DEMOCRACIES The Scottish Judicial Appointments Board: New Wine in Old Bottles?ALAN PATERSONThe New Judicial Appointments Commission in England and Wales: New Wine in New Bottles?KATE MALLESONJudicial Appointments in Post-Charter Canada: A System in Transition F.L. MORTONLegal Controversies over Federal Judicial Selection in the United States: Breaking the Cycle of Obstruction and Retribution over Judicial AppointmentsMICHAEL C. TOLLEYJudicial Appointments in New Zealand: If it were done when ’tis done, then ’twere well it were done openly and directlyJAMES ALLAN‘The judicial whisper goes around’: Appointment of Judicial Officers in Australia ELIZABETH HANDSLEYMerit Selection and Diversity in the Dutch JudiciaryLENY E. DE GROOT-VAN LEEUWENJudicial Selection in Italy: A Civil Service Model with Partisan Results MARY L. VOLCANSEKThe Selection of Judges in France: Searching for a New LegitimacyDORIS MARIE PROVINE and ANTOINE GARAPONThe Selection Process of Constitutional Court Judges in GermanyCHRISTINE LANDFRIEDPART TWO: APPOINTING THE JUDGES OF INTERNATIONAL COURTS Judicial Selection for International Courts: Towards Common Principles and PracticesRUTH MACKENZIE and PHILLIPE SANDSPART THREE: APPOINTING JUDGES IN NEW DEMOCRACIES AND TRANSITIONAL STATES Judicial Appointments and Promotions in Israel: Constitution, Law and PoliticsELI M. SALZBERGERThe Politics of Judicial Selection in Egypt MAHMOUD M. HAMADJudicial Selection in Post-Apartheid South Africa FRANÇOIS DU BOISA Judiciary in Transition: Reflections on the Selection of Judges in NamibiaSUFIAN HEMED BUKURURACreating a Compliant Judiciary in Zimbabwe, 2000–2003DEREK MATYSZAKThe Politics of Judicial Selection and Appointments in Japan and Ten South and Southeast Asian Countries DAVID M. O’BRIENJudicial Selection in Russia: Towards Accountability and CentralizationALEXEI TROCHEVImproving the Quality of the Judiciary in China: Recent Reforms to the Procedures for Appointing, Promoting, and Discharging JudgesCOLIN HAWESConclusionPETER H. RUSSELLTable of CasesBibliographyContributors