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

    Kate Malleson (Edited by), Peter H. Russell (Edited by)

    9780802093813

    Paperback / softback, published 11 March 2006

    450 pages
    22.9 x 15.3 x 3 cm, 0.74 kg

    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

    Foreword

    Preface

    Introduction
    KATE MALLESON

    PART ONE: APPOINTING JUDGES IN ESTABLISHED DEMOCRACIES

    1. The Scottish Judicial Appointments Board: New Wine in Old Bottles?
      ALAN PATERSON
    2. The New Judicial Appointments Commission in England and Wales: New Wine in New Bottles?
      KATE MALLESON
    3. Judicial Appointments in Post-Charter Canada: A System in Transition
      F.L. MORTON
    4. Legal Controversies over Federal Judicial Selection in the United States: Breaking the Cycle of Obstruction and Retribution over Judicial Appointments
      MICHAEL C. TOLLEY
    5. Judicial Appointments in New Zealand: If it were done when ’tis done, then ’twere well it were done openly and directly
      JAMES ALLAN
    6.  ‘The judicial whisper goes around’: Appointment of Judicial Officers in Australia
      ELIZABETH HANDSLEY
    7. Merit Selection and Diversity in the Dutch Judiciary
      LENY E. DE GROOT-VAN LEEUWEN
    8. Judicial Selection in Italy: A Civil Service Model with Partisan Results
      MARY L. VOLCANSEK
    9. The Selection of Judges in France: Searching for a New Legitimacy
      DORIS MARIE PROVINE and ANTOINE GARAPON
    10. The Selection Process of Constitutional Court Judges in Germany
      CHRISTINE LANDFRIED

    PART TWO: APPOINTING THE JUDGES OF INTERNATIONAL COURTS

    1. 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

    1. Judicial Appointments and Promotions in Israel: Constitution, Law and Politics
      ELI M. SALZBERGER
    2. The Politics of Judicial Selection in Egypt
      MAHMOUD M. HAMAD
    3. Judicial Selection in Post-Apartheid South Africa
      FRANÇOIS DU BOIS
    4. A Judiciary in Transition: Reflections on the Selection of Judges in Namibia
      SUFIAN HEMED BUKURURA
    5. Creating a Compliant Judiciary in Zimbabwe, 2000–2003
      DEREK MATYSZAK
    6. The Politics of Judicial Selection and Appointments in Japan and Ten South and Southeast Asian Countries
      DAVID M. O’BRIEN
    7. Judicial Selection in Russia: Towards Accountability and Centralization
      ALEXEI TROCHEV
    8. 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

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