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Who is to Judge?
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Who is to Judge?: The Perennial Debate Over Whether to Elect or Appoint America's Judges

Charles Gardner Geyh

Abstract

An elected judiciary is virtually unique to the American experience, and creates a paradox in a representative democracy. Elected judges take an oath to uphold the law impartially, which calls upon them to swear off the influence of the very constituencies they must cultivate in order to attain and retain judicial office. This paradox has given rise to perennially shrill and unproductive binary arguments over the merits and demerits of elected and appointed judiciaries, which this project seeks to transcend and reconceptualize with a search for middle ground. When the exaggerated arguments of ... More

Keywords: judicial elections, judicial appointments, merit selection, judicial independence, judicial accountability

Bibliographic Information

Print publication date: 2019 Print ISBN-13: 9780190887148
Published to Oxford Scholarship Online: March 2019 DOI:10.1093/oso/9780190887148.001.0001

Authors

Affiliations are at time of print publication.

Charles Gardner Geyh, author
Indiana University