Judicial Self-Appointment

Judicial Self-Appointment

From the article “Judicial Appointments and Judicial Independence”, authored by Tom Ginsburg for US Institute for Peace (January 2009):

“In some countries in the common law tradition, the judiciary has become effectively self-appointing.

For example, in India, the higher judiciary is appointed by the President after “consultation” with the Supreme Court and this has led the judiciary to be largely self-appointing in practice. Systems of judicial selfappointment also include those in which judicial councils (see below) are
composed entirely of judges. The Iraqi Higher Judicial Council is such a body.

Another example of a largely self-appointing judiciary is that of Japan. Although the Supreme Court is appointed through a political process, the Supreme Court Secretariat has total control over lower-level judicial appointments, training, promotion and discipline. Some have
criticized this combination as allowing political control over the whole judiciary through the Supreme Court. Furthermore, individual judges have a great incentive to conform, and are thus less independent from higher level judges. Indeed, this may be a general feature of systems of
judicial self-appointment.

It is safe to say that systems of judicial self-appointment are on the decline. Clearly they provide maximum independence for the judiciary as a whole. But, as reflected in the criticism of the Japanese judiciary noted above, individual judges may be less independent. Furthermore the
system is seen as providing very little accountability. Many of these judiciaries have become extensively involved in politics in ways that can undermine their own legitimacy.”

Judicial Appointments

Note: For more information about this topic, see a full description in this Encyclopedia about Judicial self-appointment.

Judicial councils

Note: For more information about this topic, see a full description in this Encyclopedia about Judicial councils.

Judicial Elections

Note: For more information about this topic, see a full description in this Encyclopedia about Judicial Elections.

Resources

See Also

Judicial self-appointment
Judicial councils
Judicial Independence
Judicial Elections
Judicial Review
Judicial Training
Checks And Balances In The World
Judicial and legislative dialogue
Judicial Systems
Chief Justice
Courts Developments
Constitutional Law Cases
International judicial institutions
Removing Judges
Disciplining Judges


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