Jump to ContentJump to Main Navigation
Who is to Judge?The Perennial Debate Over Whether to Elect or Appoint America's Judges$
Users without a subscription are not able to see the full content.

Charles Gardner Geyh

Print publication date: 2019

Print ISBN-13: 9780190887148

Published to Oxford Scholarship Online: March 2019

DOI: 10.1093/oso/9780190887148.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 10 July 2020

The Arguments

The Arguments

(p.77) 4 The Arguments
Who is to Judge?

Charles Gardner Geyh

Oxford University Press

Chapter 4 lays out the respective arguments for appointive and elective systems, against the backdrop of the new politics of judicial selection. It describes how gubernatorial appointment and merit selection systems are essentially pitted against partisan and nonpartisan election systems, and there is a peril to this binary approach in that it overlooks important distinctions between partisan and nonpartisan election systems on the one hand, and merit selection and traditional appointive systems on the other. The discussion begins with the role of the judge in American government, and the case that can be made for appointed judiciaries. It then makes the case for elected judiciaries before launching into the case for incremental reform.

Keywords:   judicial appointment, merit selection, nonpartisan elections, judicial election, judicial selection

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .