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Vol 23 No 3 March/April 2018

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

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Edited by: Kate Malleson, Peter Russell

ISBN13: 9780802093813
ISBN: 0802093817
Published: March 2006
Publisher: University of Toronto Press
Country of Publication: Canada
Format: Paperback
Price: £36.99

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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.

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Constitutional and Administrative Law
Introduction KATE MALLESON
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
J udicial 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

Judicial Selection for International Courts: Towards Common Principles and Practices RUTH MACKENZIE and PHILLIPE SANDS

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