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The American model of judicial selection vs. the civil law model of judicial selection - Essay Example

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This method is preferred because it enhances independence in the practice of justice. On the contrary, in the civil model, a person is appointed a judge based on his legal…
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The American model of judicial selection vs. the civil law model of judicial selection
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Download file to see previous pages iece discusses the legal issues on appointment of judges either by the American model of judicial selection or the civil law model of judicial selection.
The selection process in the American model is open and highly unlikely to face interference from the politicians. Usually, authorities consult before appointing the judges (Whittington, Kelemen & Caldeira, 2008). The nominee ought to have practiced as lawyers before their appointment as judges. The American model has several weaknesses; for instance, the public can foretell who is likely to be appointed as a judge. Moreover, it is a democratic process of selecting judges because it does not interfere with the constitutional court structure. In the process, the supposed judge should be a person of high integrity.
According to Tarr (2009), prior to selection, the candidates list their servings to the public for scrutiny. This provides an opportunity for the public to elect competent judges from a panel of lawyers. Furthermore, in the American model, a candidate has to seek endorsement from non-governmental authorities before their appointment to serve as a judge. For example, in Oregon, an endorsement of the judge by the public signifies credibility in services as a lawyer.
The appointing body that uses the civil system has a wide selection to choose from as opposed to the American model (Tarr, 2009). Authorities can incorporate their traditional values to the civil system when appointing judges. The Civil law model focuses on the overall development of the justice system and the society. Countries prefer the model of appointment because it allows for flexibility in the choice of individuals to serve as judges. Moreover, there is anonymity on who will be the judge. However, the public can play a role in the process by influencing the appointments. This can result to unfairness in the delivery of justice to the public. As such, an extremist can become a judge. Indeed, a civil law model promotes democracy in ...Download file to see next pagesRead More
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