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

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

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

Author: Charles Gardner Geyh
Publisher: Oxford University Press
ISBN: 9780190887148
Published In: April 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 493.87

HKD 479.05 Save HKD 14.82 (3%)

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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 reimagine.

In Who Is to Judge?, judicial politics expert Charles Gardner Geyh exposes and explains the overstatements of both sides in the judicial selection debate. When those exaggerations are understood as such, it becomes possible to search for common ground and its limits. Ultimately, this search leads Geyh to conclude that, while appointive systems are a preferable default, no one system of selection is best for all jurisdictions at all times.

Chapter 1: Introduction

Chapter 2: A Short and Pointed History of Judicial Selection

Chapter 3: The New Judicial Selection Landscape

Chapter 4: The Arguments

Chapter 5: Why Everyone is Wrong

Chapter 6: Managing the Selection Debate

Chapter 7: The Future of Judicial Selection

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