"It is absolutely necessary for the successful functioning of the Rule of Law that the Judiciary be elected." E. Wilson. Discuss.
Date Submitted: 12/08/2004 01:05:52
Category: / Law & Government / Law Issues
Length: 6 pages (1702 words)
Category: / Law & Government / Law Issues
Length: 6 pages (1702 words)
Judicial selections, either by election or appointment, are presently the most common methods of choosing judges. There is much debate over whether judges should be independent arbiters of legal principle or should be held accountable to the electorate.1 Intrinsic tensions, in the choice of a particular selection method, can have deleterious effects on the justice system.2 The decision on whether it is more practical to have judicial independence or judicial accountability may be determined by …
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…Abraham, H, The Judicial Process, 33, 1993; Champagne, A, Judicial Reform in Texas, 72, Judicature, 1988, pp. 146, 151; Champagne, op. cit. pp. 93 - 95.
23 Webster, P, Masters of Laws Thesis, University of Virginia, 1995.
24 Préfontaine and Lee, op. cit.
25 Dubois, op. cit.
26 Champagne, A, The Selection and Retention of Judges in Texas, 40, Southwestern Law Journal (Special Issue), May 1986, p. 58; Seidman, L. Ambivalence and Accountability, 61, South Carolina Law Review, 1988, p. 1571.
27 Préfontaine and Lee, op. cit.
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