Who Is To Judge?
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Author Description
An Elected Judiciary Is Virtually Unique To The American Experience And Creates A Paradox In A Representative Democracy. Elected Judges Take An Oath To Uphold The Law Impartially, Which Calls Upon Them To Swear Off The Influence Of The Very Constituencies They Must Cultivate In Order To Attain And Retain Judicial Office. This Paradox Has Given Rise To Perennially Shrill And Unproductive Binary Arguments Over The Merits And Demerits Of Elected And Appointed Judiciaries, Which This Project Seeks To Transcend And Reimagine. In Who Is To Judge?, Judicial Politics Expert Charles Gardner Geyh Exposes And Explains The Overstatements Of Both Sides In The Judicial Selection Debate. When Those Exaggerations Are Understood As Such, It Becomes Possible To Search For Common Ground And Its Limits. Ultimately, This Search Leads Geyh To Conclude That, While Appointive Systems Are A Preferable Default, No One System Of Selection Is Best For All Jurisdictions At All Times.
Menrva's Summary
THE THESIS
This book investigates the inherent paradox of an elected judiciary within an American representative democracy and seeks to move beyond binary debates regarding judicial selection. Charles Gardner Geyh, a recognized expert in judicial politics, utilizes historical analysis and contemporary political data to evaluate the competing claims of proponents and opponents of judicial elections. He argues that both sides of the debate rely on significant overstatements, and he proposes a more nuanced framework for understanding how different jurisdictions might best select their judges.
THE SCOPE MAP
What You Will Find
- A comprehensive analysis of the American judicial selection process including both elective and appointive systems.
- A critical evaluation of the arguments surrounding judicial impartiality versus democratic accountability.
- A proposed framework for identifying common ground in judicial reform efforts.
Scope Limits
- The book does not provide a single universal recommendation for all state judicial systems.
- It does not focus on the specific legal rulings of individual judges but rather the systemic politics of their selection.
THE AUTHORITY PERSPECTIVE
Legal scholars and political scientists frequently cite this work as a balanced, non-partisan examination of a highly polarized topic. Experts highlight the text for its ability to synthesize complex constitutional theory with practical political realities.
Page Count:
272
Publication Date:
2019-01-01
Publisher:
Oxford University Press
ISBN-10:
019088715X
ISBN-13:
9780190887155
Public Policy
Judicial System
Law
American Government
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