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Judicial ReputationA Comparative Theory$
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Nuno Garoupa and Tom Ginsburg

Print publication date: 2015

Print ISBN-13: 9780226290591

Published to Chicago Scholarship Online: May 2016

DOI: 10.7208/chicago/9780226290621.001.0001

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The Selection and Monitoring of Judges: The Spread of Judicial Councils

The Selection and Monitoring of Judges: The Spread of Judicial Councils

Chapter:
(p.98) Four The Selection and Monitoring of Judges: The Spread of Judicial Councils
Source:
Judicial Reputation
Author(s):

Nuno Garoupa

Tom Ginsburg

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226290621.003.0005

Chapter Five takes up the specific issue of the selection of judges, focusing special attention on a relatively new institution known as the judicial council. Judicial councils have spread around the world in recent decades, in part because they have been promoted as a best practice to enhance judicial independence. Councils play various functions: they can participate in the recruitment and selection of judges, in monitoring and discipline, and in promotions. We use analogies from corporate boards of directors to understand judicial councils, and also argue that they are likely to be unstable because demands for independence and accountability vary over time. We also conduct a multivariate statistical analysis. Despite many claims that judicial councils enhance judicial independence, we find that they do not. Instead, they are locations for contests of reputation among various audiences.

Keywords:   judicial appointments, judicial councils, selection, discipline, promotion

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