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

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The Future of Judicial Selection

The Future of Judicial Selection

Chapter:
(p.159) 7 The Future of Judicial Selection
Source:
Who is to Judge?
Author(s):

Charles Gardner Geyh

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190887148.003.0007

Chapter 7 then brings the book to conclusion by discussing the future of judicial selection. After summarizing the discussions in the previous six chapters, it notes that the ultimate ambition of a legal culture paradigm is to render judges independent enough to follow the law, adhere to the established legal process, and administer justice, without being so independent as to enable them to disregard those objectives in pursuit of their personal agendas. To that end, the chapter indicates that rather than trying to achieve an impossible consensus, the country should embrace the diversity of approaches that allows states to choose for themselves which selection process best suits their individual historical and other circumstances, whether that be appointive, elective, or something in-between such as a qualified election.

Keywords:   judicial elections, judicial appointments, merit selection, rule of law paradigm, legal culture paradigm

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