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eBook details

• Title: Democracy, Judicial Independence, And Judicial Selection for Federally Appointed Judges.
• Author : University of New Brunswick Law Journal
• Release Date : January 01, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 262 KB

Description

This paper pursues a theme developed by Professor Lorne Sossin in an address delivered for U.N.B.'s Ivan Rand Memorial Lecture Series "Judicial Appointment, Democratic Aspirations and the Culture of Accountability". (1) Sossin argues that a fair and transparent appointment process for federally-appointed judges, insulated from political manipulation, should be thought of as one of several essential conditions to promote judicial independence and impartiality. The purpose of this paper is to look more closely into what the mechanics of such a process might be like. A judicial selection process in a democratic state needs to correspond to and promote democracy, and so I will begin by clarifying what I mean by democracy. Next, I will argue that in most respects, the Judicial Appointments Advisory Committee in Ontario, which has been in operation for two decades, serves as a model for the improvement of the judicial selection process for federally-appointed judges. Finally, I will argue that the selection process should be ideologically-neutral so that a "left-" or "right-wing" preference is treated more like an irrelevant personal characteristic than a determining factor in appointment. DEMOCRACY

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