Question

What are the arguments for and against electing judges rather than executive appointment or legislative selection?

What are the arguments for and against electing judges rather than executive appointment or legislative selection?

Homework Answers

Answer #1

Since judges play an important role in interpreting rules, appointing them seems to make sense. Most specifically, in sentencing and making certain decisions that affect the lives of people brought before them, judges have a fair amount of discretion. The judges ' decisions can also affect a community's daily lives. All this suggests that the election of judges may be part of the principle of democracy that citizens should ultimately have control over how their society is run.

The judiciary, on the other hand, is part of a system of checks and balances designed to set up technocrats to serve nationalism as a brake. One of the judges ' tasks is to impartially enforce the law and thus protect minority rights. Another issue is that judges are expected to be experts, so most people are unable to assess their expertise. Therefore, it makes sense to select new judges from panels of experts, such as lawyers and judges.
It seems the worst of both worlds to have elected officials who are not experts appoint judges.

Either a person is appointed to a judge, or the people elect him. There are reasons for each approach and against it. Many people agree that justice must be impartial, and judges should not be selected on the basis of politics, but on the ability of a person as a lawyer. That would argue for the appointment of a person. Others claim that to evaluate the most qualified candidate, the voting public is not fit. Special interest groups can also strongly influence candidates for elected judgeships.

On the other hand, court rulings, especially appeal rulings, become law and can have a major public impact. It claims that in choosing the judges who make these decisions, the public should have the final say. Others claim that the decision made by the appointed judge would represent the political beliefs of the person or persons making the choice, so judges should be elected by the people.

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