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

Administrative / Constitutional Law

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

By Charles Gardner Geyh
Oxford University Press April 2019

Specifications

ISBN-13
9780190887148
Publisher
Oxford University Press
Publication
April 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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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