Question

In: Psychology

Which form of judicial selection do you think is best? What are the differences?

Which form of judicial selection do you think is best? What are the differences?

Solutions

Expert Solution

There are primarily two forms of judicial selection; election and appointment and other forms are combination of the two. People who favour election consider it to be in the spirit of democracy as the people will have a say in the third branch of governance and select their judicial representative. The second form is appointment and it also comes in various forms; in some systems the chief executive decides and appoints the judge. Generally, the judge is appointed on the basis of "merit selection". A commission identifies the well-qualified candidate and then afterwards the chief executive chooses a judge from the list of nominees.

In my opinion, both are effective ways and both are prone to just and fair judicial selection. Election seems a better form of selecting judges in a democracy because if the judges are chosen by people in power poistion then there is a possibility of system compromise and an unfair judicial system.


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