Concerned that scholars in various disciplines were talking past each other and that policy debates concerning judicial independence were impoverished, the editors convened a conference of scholars from the disciplines of law, political science, history, economics and sociology. Judicial Independence at the Crossroads: An Interdisciplinary Approach is a collection of essays reflecting the disciplinary perspectives of the authors and the shared understanding that emerged from the conference.
Chapter 9: Selecting Selection Systems
Selecting Selection Systems
Of all the difficult choices confronting societies when they go about designing legal systems, among the most controversial are those pertaining to judicial selection and retention: How ought a nation select its judges and for how long ought those jurists serve? Indeed, some of the most fervent constitutional debates— whether they transpired in Philadelphia in 1787 (Epstein & Walker, 2000; Farber & Sherry, 1990) or in Moscow in 1993 to 1994 (Blankenagel, 1994; Hausmaninger, [Page 192]1995)—over the institutional design of the judicial branch implicated not its power or competencies; they involved who would select and retain its members.1
This is a revised version of a paper written for the conference on Judicial Independence at the Crossroads: Developing an Interdisciplinary Research Agenda, ...