DESIGNING AN APPOINTIVE SYSTEM: THE KEY ISSUES
Tarr, G. Alan
Citation analytics
How this journal article sits in the citation network, derived from CiteLaw's graph of published opinions.
Most recently cited by1
- 2011Carlson v. Wiggins S.D. Iowa
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Abstract
This article contains a selection of advice on how to improve the judicial selection system. The article explains that reconsideration of the judicial appointive systems must include both the broadly theoretical and the intensely practical. It should identify the key questions that must be addressed in creating a system of judicial appointment, elaborate and defend the principles that should guide choices among alternative appointive systems, and clarify how those principles can be translated into institutional arrangements that will advance the goal of a quality judiciary. This reconsideration should also take seriously the arguments and claims of those who oppose the appointment of judges.
Insofar as the concerns of opponents are valid, efforts should be made to design an appointive system that is responsive to those concerns.