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Appendix Two Judicial Selection Methods

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TABLE 3: VARIATIONS ON STATE SELECTION METHODS
State

Selection Method

References

Vermont

The governor appoints judges from a list
provided by the judicial nominating
board, who are then subject to the advice
and consent of the senate. At the
expiration of a judge’s term, the judge
continues in office unless a majority of
the general assembly votes against the
judge continuing in office.

Vt. Const. Ch. II, §32.
Vt. Stat. Ann. Tit. 4,
§602 (West 2005).
Vt. Stat. Ann. Tit. 4,
§603 (West 2005).
Vt. Stat. Ann. Tit. 4,
§444 (West 2005).

APPENDIX TWO: VARIATIONS ON JUDICIAL SELECTION METHODS

TABLE 4: WORLD SELECTION METHODS
Country

Afghanistan

Albania

Selection Method

The President appoints judges after
nomination by the Supreme Court.

The members of the High Court are
appointed by the President of the
Republic with the consent of the
Assembly. The other judges are
appointed by the President after
recommendation by the High Council
of Justice.

Algeria

The Supreme Judicial Council appoints
magistrates.

Andorra

Judges are appointed by the High
Judicial Council via a public
competitive examination.

Angola

The High Council appoints, places,
transfers and promotes judges.

References
Katherine McCullough, Out
With The Old And In With The
New: The Long Struggle For
Judicial Reform In Afghanistan, 19 GEO. J. LEGAL ETHICS
821, 825 (2006).
ALBANIA CONST.
art. 136
available at
http://www.ipls.org/services/k
usht/cp9.html.
ALGERIA CONST. art. 155
available at
http://www.pogar.org/publicati
ons/judiciary/nbrown/algeria.h
tml.
Group of States Against
Corruption, Evaluation Report
on Andorra 8 (2006),
http://www.coe.int/t/dg1/greco
/evaluations/round2/GrecoEval
1-2(2006)1_Andorra_EN.pdf.
ANGOLA CONST. art. 132
available at
http://www.embangola.at/judic
iary.htm.

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TABLE 4: WORLD SELECTION METHODS
Country

Selection Method

Argentina

The president appoints federal judges
with confirmation of two-thirds of the
Senate.

Armenia

The President of Armenia appoints all
judges after recommendation by the
Minister of Justice and the Council of
Justice.

Australia

The Governor-General appoints federal
judges. In the states, the executive
branch also appoints judges.

Azerbaijan

Every citizen that wants a judicial post
applies to the Judicial Legal Council.
The Judicial Legal Council then
examines the candidate’s credentials
and conducts and interview. The
Judicial Legal Council then makes a
recommendation to the President, who
then makes the appointment.

The
Bahamas

Judges are appointed by the GovernorGeneral acting on the advice of the
Judicial and Legal Services
Commission.

Bahrain

Judges of the High courts are
nominated by the Ministry of Justice
and appointed by the Emir. Judges of
the middle and lower courts are
nominated by the Ministry of Justice
and appointed by the prime minister.

Bangladesh

The President appoints judges. The
President has the power to promote
and discipline which is exercised in
consultation with the Supreme Court.

References
Daniel Brinks, Judicial Reform
And Independence In Brazil
And Argentina: The Beginning
Of A New Millennium?, 40
TEX. INT'L L.J. 595,
606 (2005).
ARMENIA CONST. art. 95(1),
55(11)
available at
www.abanet.org/ceeli/publicati
ons/jri/jri_armenia_2005_eng.
pdf.
John M. Williams, Judicial
Independence in Australia, in
JUDICIAL INDEPENDENCE IN THE
AGE OF DEMOCRACY: CRITICAL
PERSPECTIVES FROM AROUND
THE WORLD 173, 175 (Peter H.
Russell & David M. O’Brien
eds., 2001).
Council of Europe, Evaluation
of Azerbaijan Judicial System
9 (2002),
http://www.coe.int/t/dg1/legalc
ooperation/cepej/evaluation/2002Aze
rbaijan.pdf.
The Permanent Mission of the
Commonwealth of the
Bahamas to the United
Nations, Bahamas Government
Information,
http://www.un.int/bahamas/Ba
hamas_Government_Info.htm
(last visited Apr. 10, 2007).
United Nations Development
Programme, Programme on
Governance in the Arab
Region, Judiciary: Bahrain,
http://www.pogar.org/countrie
s/judiciary.asp?cid=2 (last
visited Apr. 10, 2007).
BANGLADESH CONST.
art. 95(1), 115, 116.

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TABLE 4: WORLD SELECTION METHODS
Country

Barbados

Selection Method

Lower court judges are appointed by
the Governor General with the Board
of the Judicial and Legal Services
Commission.

Belarus

The president appoints half of the
Constitutional Court while the other
six are appointed by the Council of the
Republic. The president also appoints
the judges of the Supreme Court and
Supreme Economic Court, along with
all military and district judges.

Belgium

The King appoints Justices of the
Peace, judges of superior courts,
judges of the administrative courts,
and judges of the Court of Cassation.

Belize

Benin

Bermuda

Bhutan

The Governor-General appoints judges
of the Supreme Court and Courts of
Appeal with the approval of the Prime
Minister after consultation with the
Leader of the Opposition.
Most judges are trained at the National
School of Administration. After
training, judges are appointed by the
President after recommendation by the
Higher Council of Judges.
The Chief Justice is appointed by the
Governor after consulting the Premier
and the Opposition Leader. The other
Judges of the Supreme Court are
appointed by the Governor after
consultation with the Chief Justice.
The judges of the Court of Appeal are
appointed by the Governor.
The justices of the Supreme Court and
High Court are appointed by the King
upon the recommendation of the
National Judicial Commission.

References
Justice Studies Center of the
Americas, Report on Judicial
Systems in the Americas 73
(2004-2005),
http://www.cejamericas.org/re
porte/pdfing/4BARBADOS_ING.pdf.
Freedom House, Country
Report: Belarus, 2005
http://www.freedomhouse.org/
template.cfm?page=47&nit=358&
year=2005&display=law
http://encarta.msn.com/encyclo
pedia_761553191_7/Belarus.htm
l (last visited Apr. 10, 2007).
BELGIUM CONST.
art. 151(1), ¶4.
Attorney General’s Ministry,
Our View of the Judiciary
System in Belize,
http://www.belizelaw.org/judic
iary.html (last visited Apr. 10,
2007).
Michel Tchanou, Judicial
Reform: Indispensable,http://ospiti.peacelink.it/an
b-bia/nr337/e01.html (last
visited Apr. 10, 2007).

BERMUDA CONST.
art. 73, 77.

Royal Court of Justice,
Judiciary of Bhutan,
http://www.judiciary.gov.bt/ht
ml/judiciary/justice.php (last
visited Apr. 10, 2007).

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TABLE 4: WORLD SELECTION METHODS
Country

Bosnia and
Herzegovina

Botswana

Brazil

Bulgaria

Selection Method
In the Federation, the Federal
Commission for the Election and
Appointment of Judges and ten
cantonal commissions recommend
candidates to those officials
responsible for appointing judges. In
the Republika Srpska the High Judicial
Council proposes candidates for all
judicial vacancies to the Republika
Srpska National Assembly. The Brcko
Judicial Commission directly appoints
all Brcko judges.
The Chief Justice and the President of
the Court of Appeals are appointed by
the President. The other judges of the
High Court and Court of Appeals are
appointed by the President, acting in
accordance with the advice of the
Judicial Service Commission. The
President appoints lower court judges
in accordance with the advice of the
Judicial Service Commission.
Judges are appointed to the
constitutional court by the president
with the approval of a simple majority
of the Senate. Lower court judges
have to pass both an exam and
personal interview before being
admitted to the judiciary. These
judges are appointed by the president
from a list of candidates submitted by
either the constitutional court itself or
by majority vote of the national bar
association and national prosecutors'
association.
The Supreme Judicial Council appoints
all judges in Bulgaria. The twenty five
members of the Supreme Judicial
Council are elected by the National
Assembly, the bodies of the judicial
branch, the Chairmen of the Supreme
Courts of Cassation, and the Chief
Prosecutor.

References
American Bar Association,
Central and East European
Law Initiative, Judicial Reform
Index for Bosnia and
Herzegovina 3 (2001),
available at
http://unpan1.un.org/intradoc/g
roups/public/documents/UNT
C/UNPAN017558.pdf.

BOTSWANA CONST.
art. 96, 100, 104.

BRAZIL CONST.
art. 101, 104, 111-A.

Alex Iorio & Galina Mikhlin,
Bulgaria: Legal and Judicial
Reform, Judicial Assessment,
11 (1999), available at
http://unpan1.un.org/intradoc/g
roups/public/documents/UNT
C/UNPAN017020.pdf.

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TABLE 4: WORLD SELECTION METHODS
Country

Selection Method

Burma

Judges are appointed by the President
after his nomination is approved by
both Houses of Parliament as the Chief
Justice of the Union.

Burundi

The executive branch appoints judges.

Cambodia

The government appoints judges after
recommendation by the judges of the
higher courts. The higher court judges
sit on committees that nominate lower
court judges and request the
government to appoint these judges.
The chief justice makes the
recommendations for appointments to
higher courts.

Cameroon

Canada

Cape Verde

Judges are appointed by the President.

The Prime Minister makes appointments to the Supreme Court, the
Federal Court, and the Tax Court.
Provincial governments appoint all
judges of the provincial courts.
The Supreme Court has five members,
one appointed by the president, one
appointed by the National Assembly,
and three appointed by the Supreme
Council of Magistrates. The Ministry
of Justice and Labor appoints local
judges.

References
Myint Zan, Judicial
Independence in Burma: No
March Backwards Towards
the Past, 1 ASIAN-PAC. L. &
POL’Y J., 30 available at
http://www.hawaii.edu/aplpj/p
dfs/05-zan.pdf.
Neil J. Kritz, The Problem of
Impunity and Judicial Reform
in Burundi, The United States
Institute of Peace, available at
http://129.194.252.80/catfiles/
0817.pdf.
Seminar on Cambodian
Judiciary: Independence of the
Judiciary, Lecture by Justice
H. Suresh, available at
http://www.ahrchk.net/pub/mai
nfile.php/cambodia_judiciary/
110/.
Valentin Siméon Zinga,
Cameroon: Judicial Power –
Just a Statement,
http://ospiti.peacelink.it/anbbia/nr337/e04.html (last visited
Apr. 10, 2007).
F.L. Morton, Judicial
Appointments in Post-Charter
Canada: A System in
Transition, in APPOINTING
JUDGES IN AN AGE OF JUDICIAL
POWER 56, 57 (Kate Malleson
& Peter H. Russel, eds., 2006).
Encyclopedia of the Nations,
Cape Verde: Judicial System,
http://www.nationsencyclopedi
a.com/Africa/Cape-VerdeJUDICIAL-SYSTEM.html
(last visited Apr. 10, 2007).

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TABLE 4: WORLD SELECTION METHODS
Country

Selection Method

References

Cayman
Islands

Judges of the Grand Court and the
Court of Appeal are appointed with
instructions from the secretary of state
of the United Kingdom on behalf of
the Queen. The governor, on the
advice of the secretary of state,
appoints one of the judges to be the
chief justice. The governor appoints
magistrates on the advice of the chief
justice.

Cayman Islands Government,
The Judicial Branch,
http://www.gov.ky/portal/page
?_pageid=1142,1481290&_da
d=portal&_schema=PORTAL
(last visited Apr. 10, 2007).

Central
African
Republic

Judges are appointed by the president

Index of Economic Freedom,
Central African Republic,
http://www.heritage.org/resear
ch/features/index/country.cfm?
id=CentralAfricanRepublic
(last visited Apr. 10, 2007).
Index of Economic Freedom,
Chad,
http://www.heritage.org/resear
ch/features/index/country.cfm?
id=Chad (last visited Apr. 10,
2007).

Chad

Magistrates are appointed by the
president.

Chile

Corte Suprema: judges are appointed
by the president and approved by the
Senate from lists of candidates
provided by the court; the president of
the Supreme Court is elected by the
20-member court.

CIA World Factbook, Chile,
https://www.cia.gov/cia/public
ations/factbook/print/ci.html
(last visited Apr. 10, 2007).

China

The People’s Congress at the same
jurisdiction of the court appoints the
judges to that court.

Greg R. Avino, China’s
Judiciary: An Instrument of
Democratic Change?, 22
PENN. ST. INT’L L. REV. 369,
379.

The Constitutional Court includes a
member appointed by the president of
the Union, a member appointed by
each of the two vice presidents, a
member appointed by each of the three
island government presidents, and a
member appointed by the president of
the National Assembly. The head of
state appoints magistrates.

United States Department of
State, 2006 Country Report on
Human Rights Practices,
Comoros,
http://www.state.gov/g/drl/rls/
hrrpt/2006/78727.htm (last
visited Apr. 10, 2007).

The President appoints magistrates.

International Commission of
Jurists, Democratic Republic
of the Congo, 119
http://www.icj.org/IMG/pdf/co
ngo.pdf.

Comoros

Congo,
Democratic
Republic of
the

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TABLE 4: WORLD SELECTION METHODS
Country

Selection Method

References

Congo,
Republic of
the

The President appoints the members of
the Supreme Court and the magistrates
on the proposal of the National
Council of the Magistrature.

REPUBLIC OF THE CONGO
CONST. art. 141, available at
http://www.chr.up.ac.za/hr_do
cs/constitutions/docs/CongoC
%20(english%20summary)(rev
).doc.

Cook Islands

The Chief Justice of the High Court is
appointed by the Queen, acting on the
advice of the Executive Council
tendered by the Prime Minister. Other
Judges are appointed by the Queen's
Representative, acting on the advice of
the Executive Council and the Chief
Justice of the High Court and the
Minister of Justice.

Government of the Cook
Islands, Judiciary,
http://www.ck/govt.htm#jud
(last visited Apr. 10, 2007).

Costa Rica

Justices of lower courts are appointed
by the Supreme Court. Justices of the
peace are appointed by the minister of
government acting for the president.

Cote d'Ivoire

Judges are appointed by the Executive:
either directly from the legal
profession or from those who have
completed the appropriate training and
passed the necessary examinations.

Croatia

Judges for both the Supreme Court and
the Constitutional Court are appointed
by the Judicial Council of the
Republic. The State Judicial Council
appoints judges. It consists of eleven
members elected from among judges,
attorneys, and university professors.

Cuba

The Ministry of Justice screens
candidates and then forwards their
recommendation to the appropriate
legislative body for appointment:
Municipal Assemblies for municipal
judges; Provincial Assemblies for
provincial courts; and the National
Assembly for the Supreme Court.

CIA World Factbook, Costa
Rica,
https://www.cia.gov/cia/public
ations/factbook/print/cs.html
(last visited Apr. 10, 2007);
Encyclopedia of the Nations,
Costa Rica,
http://www.nationsencyclopedi
a.com/Americas/Costa-RicaJUDICIAL-SYSTEM.html
(last visited Apr. 10, 2007).
Alphonse Quénum, Justice Not Always Impartial and
Certainly Vulnerable,
http://ospiti.peacelink.it/anbbia/nr337/e08.html (last visited
Apr. 10, 2007).
CIA World Factbook, Croatia,
https://www.cia.gov/cia/public
ations/factbook/print/hr.html
(last visited Apr. 10, 2007);
Croatia Homepage, Judicial
Power,
http://www.hr/croatia/state/jud
icial (last visited Apr. 10,
2007).

Gerard J. Clark, The Legal
Profession in Cuba, 23
SUFFOLK TRANSNAT'L L. REV.
413, 424 (2000).

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TABLE 4: WORLD SELECTION METHODS
Country

Selection Method

References

Cyprus

Supreme Court Judges are appointed
by the President. Other judges are
appointed by the Supreme Council of
Judicature which is composed of the
members of the Supreme Court.

CyprusNet.Com, Cyprus
Judiciary System
http://www.cyprusnet.com/con
tent.php?article_id=2804&subj
ect=standalone (last visited
Apr. 10, 2007).

Czech
Republic

The President appoints judges
following an apprenticeship,
examination, and evaluation by the
court president. In practice, Minister
of Justice nominates each judicial
candidate, based on a recommendation
from the president of the court on
which the candidate will be assigned.

Open Society Institute, Judicial
Independence in the Czech
Republic 135 (2001), available
at
http://www.eumap.org/reports/
2001/judicial/sections/czech/ju
dicial_czech.pdf.

Denmark

The Supreme Court is appointed by the
Crown with the government's
recommendation.

Dominican
Republic

Justices of the Supreme Court are
appointed by the National Council of
the Magistracy. Other judges are
appointed by the Supreme Court.

East Timor

The President of the Supreme Court is
appointed by the President. The
Superior Council for the Judiciary and
appoints all other judges.

Egypt

The president appoints all judges based
on nominations by the Supreme
Judicial Council.

El Salvador

The Supreme Court selects justices of
the peace, trial judges, and appellate
judges from a list of nominees
proposed by the National Judicial
Council.

Jurist: Legal Intelligence,
Denmark,
http://jurist.law.pitt.edu/world/
denmark.htm (last visited Apr.
10, 2007).
International Commission of
Jurists, Dominican Republic –
Attacks of Justice 2000,
http://www.icj.org/news.php3?
id_article=2565&lang=en (last
visited Apr. 10, 2007).
EAST TIMOR CONST. s. 124,
125,available at
http://www.etan.org/etanpdf/p
df2/constfnen.pdf.
Encyclopedia of the Nations,
Egypt, Judicial System,
http://www.nationsencyclopedi
a.com/ Africa/EgyptJUDICIAL-SYSTEM.html
(last visited Mar. 30, 2007).
U.S. Bureau of Democracy,
Human Rights, and Labor,
Country Reports on Human
Rights Practices, El Salvador,
Mar. 8, 2006
http://www.state.gov/g/drl/rls/
hrrpt/2005/61727.htm (last
visited Mar. 30, 2007).

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TABLE 4: WORLD SELECTION METHODS
Country

Eritrea

Estonia

Ethiopia

European
Union

Fiji

Selection Method
“The President shall have the
following powers and duties: . . .
appoint justices of the Supreme Court
upon proposal of the Judicial Service
Commission and approval of the
National Assembly; appoint judges of
the lower courts upon proposal of the
Judicial Service Commission.”
The Chief Justice of the Supreme
Court is nominated by the president
and confirmed by the Parliament. The
Chief Justice, in turn, nominates the
Supreme Court judges who are then
confirmed by Parliament. The Chief
Justice of the Supreme Court also
nominates lower court judges who are
then appointed by the president.
Judges who serve in the Federal Court
system are appointed by the Federal
Parliament. Those in the Regional
State Courts are appointed by their
respective Regional Administrative
Councils.
For the European Court of Justice
(ECJ), each member state is
responsible for selecting a judge, who
is then appointed by “common
accord.” In addition to the judges,
there are nine advocates general, five
who are selected by the five largest
member states while the remainder is
appointed by rotating states.
The Chief Justice is appointed by the
President on the advice of the Prime
Minister, who is required to consult
with the Leader of the Opposition.
The judges of the Supreme Court, the
President of the Court of Appeal, the
Justices of Appeal are appointed by the
President, after nomination by the
Judicial Service Commission. The
Judicial Service Commission appoints
Magistrates and any other judicial
offices that may be established by
Parliament.

References

ERITREA CONST. art. 42
available at
www.trybunal.gov.pl/constit/c
onstitu/other/eritrea/eritree.htm.

Encyclopedia of the Nations,
Estonia: Judicial System,
http://www.nationsencyclopedi
a.com/Europe/EstoniaJUDICIAL-SYSTEM.html
(last visited Mar. 30, 2007).

Lammii Guddaa, Ethiopia: A
Judiciary - without justice,
http://ospiti.peacelink.it/anbbia/nr337/e09.html (last visited
Apr. 10, 2007).
Martin Shapiro, The European
Court of Justice, in JUDICIAL
INDEPENDENCE IN THE AGE OF
DEMOCRACY: CRITICAL
PERSPECTIVES FROM AROUND
THE WORLD 273, 281 (Peter H.
Russell & David M. O’Brien
eds., 2001).

FIJI CONST. s. 131-133,
available at
http://www.servat.unibe.ch/la
w/icl/fj00000_.html.

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TABLE 4: WORLD SELECTION METHODS
Country

Selection Method

Finland

Judges are appointed by the President
of the Republic. The courts of first
instance also have some locally elected
lay judges.

France

Upon graduating from the National
School for the Judiciary, Ecole
Nationale de la Magistrature (ENM)
graduates take an examination. Those
with the highest ranking scores pick
first from a list of vacancies provided
by the Ministry of Justice.

Gabon

The President appoints judges through
the Ministry of Justice.

Georgia

The president of Georgia, based on the
recommendation of the High Council
of Justice, appoints all judges.
Supreme Court judges must also be
confirmed by Parliament.

Germany

Judges in Germany are professional
judges who follow an intensive three
year course of studies followed by two
years of training. Each of the two
phases is followed by written and oral
examinations. Ministries of Justice
and nominating commissions play a
large role in recruiting those judges
that pass both phases and their
examinations.

References
The Finland Ministry of
Justice, The Judicial System of
Finland,
http://www.om.fi/Etusivu/Mini
sterio/Oikeuslaitosesite?lang=en
(last visited Mar. 30, 2007).
Doris Marie Provine &
Antoine Garapon, The
Selection of Judges in France:
Searching for a New
Legitimacy, in APPOINTING
JUDGES IN AN AGE OF JUDICIAL
POWER 176, 183 (Kate
Malleson & Peter H. Russel,
eds., 2006).
U.S. Bureau of Democracy,
Human Rights, and Labor,
Country Reports on Human
Rights Practices, Gabon, Feb.
28, 2005
http://www.state.gov/g/drl/rls/
hrrpt/2004/41604.htm (last
visited Mar. 30, 2007).
American Bar Association,
Central European and Eurasian
Law Initiative, Legal
Information for Georgia,
http://www.abanet.org/ceeli/co
untries/georgia/legalinfo.html
(last visited Mar. 30, 2007).
Donald P. Kommers,
Autonomy versus Accountability: The German Judiciary, in
JUDICIAL INDEPENDENCE IN THE
AGE OF DEMOCRACY: CRITICAL
PERSPECTIVES FROM AROUND
THE WORLD 131, 143 (Peter H.
Russell & David M. O’Brien
eds., 2001).

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TABLE 4: WORLD SELECTION METHODS
Country

Selection Method

Ghana

The justices of the Supreme Court are
appointed by the President acting in
consultation with the Council of State
and with the approval of Parliament.
Justices of the Court of Appeal and of
the High Court and Chairmen of
Regional Tribunals are appointed by
the President acting on the advice of
the judicial Council.

Greece

All judges are appointed by the
president after consultation with a
judicial council.

Grenada

The governor-general appoints the
Chief Justice of the Supreme Court on
the advice of the Prime Minister and
the Leader of the Opposition. The
governor-general appoints the other
justices with the advice of a judicial
commission.

Guatemala

Honduras

Hong Kong

Hungary

Judges of the Supreme Court and
Courts of Appeals are elected by the
National Congress from lists prepared
by active magistrates, the Bar
Association and law school deans.
Other judges are appointed by the
Supreme Court.
The justices of the Supreme Court are
elected by the National Assembly.
The Supreme Court appoints the
judges of the courts of appeal and the
courts of first instance, who appoint
local justices of the peace.
“Judges of the courts of the Hong
Kong Special Administrative Region
shall be appointed by the Chief
Executive on the recommendation of
an independent commission composed
of local judges, persons from the legal
profession and eminent persons from
other sectors.”
In Hungary judges are appointed by
the President. The President appoints
a judge after recommendation of the
president of the county court and
proposal by the National Council of
Justice.

References

GHANA CONST. art. 144
available at
http://www.ghanareview.com/
Gconst.html.

CIA World Fact Book, Greece,
https://www.cia.gov/cia/public
ations/factbook/print/gr.html
(last visited Mar. 30, 2007).
Department of Economic and
Social Affairs, United Nations,
Grenada: Public Administration Country Profile, July 2006
available at
http://unpan1.un.org/intradoc/g
roups/public/documents/UN/U
NPAN023694.pdf.
Encyclopedia of Nations,
Guatemala: Judicial System,
http://www.nationsencyclopedi
a.com/Americas/GuatemalaJUDICIAL-SYSTEM.html
(last visited Mar. 30, 2007).
Encyclopedia of Nations,
Honduras: Judicial System,
http://www.nationsencyclopedi
a.com/Americas/HondurasJUDICIAL-SYSTEM.html
(last visited Apr. 9, 2007).
The Basic Law of the Hong
Kong Special Administrative
Region of the People’s
Republic of China, art. 88,
available at
http://www.info.gov.hk/basic_l
aw/flash.html.
The Supreme Court of
Hungary, The Hungarian
Judicial System,
http://www.lb.hu/english/index
.html (last visited Apr. 9,
2007).

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TABLE 4: WORLD SELECTION METHODS
Country

Iceland

India

Iran

Selection Method
Supreme Court justices and district
court judges are appointed for life by
the Minister of Justice.
The Supreme Court of India is
appointed by the President of India.
The justices of the high courts are
appointed by the President after
consultation with the Chief Justice and
the Governor of the State. For pusine
judges, the President appoints judges
after consultation with the Chief
Justice of the Supreme Court, the
Governor of the State, and the Chief
Justice of the High Court.
The head of the judiciary is appointed
by the Supreme Leader. The head of
the judiciary appoints all other
members of the Supreme Court, and
the chief judges in all of Iran’s
provinces. The head of the judiciary is
authorized to appoint all other judges.

Ireland

Judges are appointed by the president
on the advice of the government.

Israel

Judges are appointed by the Judicial
Selection Committee.

Italy

After competitive examination, judges
are appointed for training. Following
successful training and another
examination, the judicial council posts
vacant positions, with those candidates
scoring the highest receiving their
preference in position.

References
CIA World Factbook, Iceland,
https://www.cia.gov/cia/public
ations/factbook/geos/ic.html
(last visited Mar. 30, 2007).
Supreme Court of India, Law,
Courts and the Constitution,
http://supremecourtofindia.nic.
in/new_s/constitution.htm (last
visited Apr. 10, 2007); Indian
Courts, Indian Judiciary,
http://indiancourts.nic.in/ (last
visited Apr. 10, 2007).

International Commission of
Jurists, Iran: Attacks on
Justice 197, available at
http://www.icj.org/IMG/pdf/ira
n.pdf.
Encyclopedia of Nations,
Ireland: Judicial System,
http://www.nationsencyclopedi
a.com/Europe/IrelandJUDICIAL-SYSTEM.html
(last visited Apr. 10, 2007).
Eli M. Salzberger, Judicial
Appointments and Promotions
in Israel: Constitution, Law
and Politics, in APPOINTING
JUDGES, supra note 278, at
242.
Consiglio Superiore della
Magistratura, The Italian
Judicial System, 11-14
http://www.csm.it/documenti%
20pdf/sistema%20giudiziario
%20italiano/inglese.pdf.

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TABLE 4: WORLD SELECTION METHODS
Country

Jamaica

Japan

Kazakhstan

Selection Method
The Chief Justice and the President of
the Court of Appeal are appointed by
the Governor General on the
recommendation of the Prime Minister
after consultation with the Leader of
Opposition. Judges of the Supreme
Court and Judges of the Court of
Appeal are appointed by the Governor
General on the recommendation of the
Judicial Services Commission.
Resident Magistrates are appointed by
the Governor General and the Judicial
Services Commission.
Japan has a career judiciary that has
begins with entry to the Legal Training
Institute following a competitive
examination. Following graduation,
judges apply to the Supreme Court for
appointment. Formally, the cabinet
makes appointments to the judiciary
following recommendation by the
Supreme Court.
Supreme Court Justices are
recommended by the High Judicial
Council to the President, who proposes
the candidate to the Senate, who then
elects the judges. Regional court
judges are appointed by the President,
after recommendation by the High
Judicial Council. The President
appoints all lower court judges, based
on proposals by the Minister of Justice
and the Justice Qualification
Collegium.

Kenya

Judges are appointed by the Head of
State, acting on the advice of the
Judicial Service Commission.

Kiribati

Judges at all levels are appointed by
the president.

Korea, North

Justices of the highest court are
appointed by the Supreme People’s
Assembly’s standing committee.

References

Jamaican Ministry of Justice,
The Courts of Jamaica,
http://www.moj.gov.jm/courts
(last visited Apr. 9, 2007).

John O. Haley, The Japanese
Judiciary: Maintaining
Integrity, Autonomy, and
Public Trust, WASH. U. SCH.
OF LAW, 2005, 5,
http://www.wulaw.wustl.edu/u
ploadedFiles/Faculty/Haley/TheJapane
seJudiciary_SSRN.pdf.

American Bar Association,
Central European and Eurasian
Law Initiative, Legal
Information for Kazakhstan,
http://www.abanet.org/ceeli/co
untries/kazakhstan/legalinfo.html
(last visited Mar. 30, 2007).

Isaac Nyangeri, Kenya: The
Judiciary – Room for
Improvement,
http://ospiti.peacelink.it/anbbia/nr337/e12.html (last visited
Apr. 11, 2007).
CIA World Factbook, Kiribati,
https://www.cia.gov/cia/public
ations/factbook/print/kr.html.
United States Department of
State, Background Note: North
Korea,
http://www.state.gov/r/pa/ei/bg
n/2792.htm (last visited Apr.
10, 2007).

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TABLE 4: WORLD SELECTION METHODS
Country

Korea, South

Kosovo

Selection Method
The Chief Justice and the Justices of
the Supreme Court are appointed by
the President of the Republic and
require confirmation by the National
Assembly. Other judges are appointed
by the Chief Justice with the consent
of the Council of Supreme Court
Justices.
The Kosovo Judicial and Prosecutorial
Council (KJPC) recommends judges
and prosecutors for appointment to the
Special Representative of the UN
Secretary General (SRSG). The SRSG
then appoints judges from lists of
candidates recommended by the KJPC
and endorsed by the General
Assembly.

References
Supreme Court of Korea,
Judges,
http://www.scourt.go.kr/scourt
_en/organization/judges/index.
html (last visited Apr. 9,
2007).

American Bar Association,
Central European and Eurasian
Law Initiative, Legal
Information for Kosovo,
http://www.abanet.org/ceeli/co
untries/kosovo/legalinfo.html
(last visited Apr. 9, 2007).

Kuwait

The Emir appoints judges in the
regular courts after recommendation of
the Justice Ministry.

Encyclopedia of Nations,
Kuwait: Judicial System,
http://www.nationsencyclopedi
a.com/Asia-andOceania/Kuwait-JUDICIALSYSTEM.html (last visited
Apr. 9, 2007).

Kyrgyzstan

Judges of the Supreme Court and the
Constitutional Court are appointed by
the legislature on the recommendation
of the president. Lower court judges
are appointed by the president on the
recommendation of the National
Council on Legal Affairs.

CIA World Factbook,
Kyrgyzstan,
https://www.cia.gov/cia/public
ations/factbook/geos/kg.html
(last visited Mar. 30, 2007).

Laos

Latvia

Judges at all levels are appointed by
the National Assembly Standing
Committee.
Candidates for the Supreme Court are
nominated by the President of the
Supreme Court after recommendation
by the Judicial Qualification Board,
and appointed by Parliament. Lower
court judges are nominated by the
Minister of Justice and appointed by
the Parliament for unlimited terms.

LAOS CONST. art. 67 available
at
http://www.laoembassy.com/n
ews/constitution/body.htm
Open Society Institute,
Monitoring the EU Accession
Process: Judicial Independence
in Latvia, 252-53 (2001)
available at
http://www.eumap.org/reports/
2001/judicial/sections/latvia/ju
dicial_latvia.pdf

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TABLE 4: WORLD SELECTION METHODS
Country

Selection Method

Lebanon

The Supreme Judicial Council appoints
judges.

Libya

The General People’s Congress elects
the Supreme Court President and other
members of the Supreme Court. The
Supreme Council for Judicial
Authority handles matters of
appointment, transfer and discipline.

Liechtenstein

Lithuania

Parliament nominates judges and the
Prince appoints the judges.

The President appoints all judges.

Luxembourg

Judges for all courts are appointed for
life by the monarch.

Macedonia

The General Assembly appoints judges
after nomination by the Republic
Judicial Council (RJC).

Madagascar

Presidents of the courts are appointed
by the Council of Ministers from a list
of candidates compiled by the Justice
Minister, in consultation with the High
Council of the Judiciary. Other judges
are appointed by decree as proposed by
the Justice Minister.

References
United Nations Development
Programme, Programme on
Governance in the Arab
Region, Judiciary: Lebanon,
http://www.pogar.org/countrie
s/judiciary.asp?cid=9 (last
visited Apr. 9, 2007).
United Nations Development
Programme, Programme on
Governance in the Arab
Region, Judiciary: Libya,
http://www.undppogar.org/countries/judiciary.asp
?cid=10 (last visited Apr. 9,
2007).
United States Department of
State, Background Note:
Liechtenstein, March 2007,
http://www.state.gov/r/pa/ei/bg
n/9403.htm (last visited Apr. 9,
2007).
CIA World Factbook,
Lithuania,
https://www.cia.gov/cia/public
ations/factbook/geos/lh.html
(last visited Mar. 30, 2007).
CIA World Factbook,
Luxembourg,
https://www.cia.gov/cia/public
ations/factbook/geos/lu.html
(last visited Mar. 30, 2007).
American Bar Association,
Central European and Eurasian
Law Initiative, Legal
Information for Macedonia,
http://www.abanet.org/ceeli/co
untries/macedonia/legalinfo.html
(last visited Mar. 30, 2007).
Mathieu Célien Ramasiarisolo,
Madagascar: The Judiciary –
An Absolute Necessity,
http://ospiti.peacelink.it/anbbia/nr337/e13.html (last visited
Apr. 9, 2007).

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TABLE 4: WORLD SELECTION METHODS
Country

Selection Method

References

Malawi

The Chief Justice is appointed by the
President and confirmed by the
General Assembly. The President also
appoints other judges are after
recommendation by the Judicial
Service Commission.

Patrick Mawaya, Malawi: The
Judiciary – On a Test Run,
http://ospiti.peacelink.it/anbbia/nr337/e14.html (last visited
Apr. 9, 2007).

Malaysia

Judges are appointed by the Head of
State on the advice of the Prime
Minister after consulting the
Conference of Rulers.

Maldives

All the judges of the High Court, the
highest court in the country, and the
lower courts are appointed and can be
dismissed by the President.

Mali

The Ministry of Justice appoints
judges.

Malta

Judges and magistrates are appointed
by the president on the advice of the
prime minister.

Mauritania

Judges are appointed by the Minister
of Justice and the Higher Council of
Judges. Both bodies are directly
appointed by the executive branch.

Mexico

Lower court judges are appointed by
the Federal Judicial Council (CFJ).
The CFJ is composed of the country’s
chief justice, one judge, two district
magistrates, two members chosen by
the Senate, and one member appointed
by the president.

The Malaysian Court Website,
The Malaysian Judiciary,
http://www.kehakiman.gov.my
/courts/maljudiciary.shtml (last
visited Apr. 9, 2007).
Asian Centre for Human
Rights, Maldives: Judiciary
Under the President’s Thumb,
http://www.achrweb.org/briefi
ngpapers/Maldives-BP0107.htm#_Toc160430320
(last visited Apr. 9, 2007).
United States Department of
State, Background Note: Mali,
February 2007,
http://www.state.gov/r/pa/ei/bg
n/2828.htm (last visited Apr. 9,
2007).
MALTA CONST. art. 96, 100,
available at http://www.legalmalta.com/law/constitution8.htm.
Aliou Bâ & Sidi Ould Sbaï,
Mauritania: Justice – From
One Reform to Another,
http://ospiti.peacelink.it/anbbia/nr337/e16.html (last visited
Apr. 9, 2007).
Jodi Finkel, Judicial Reform as
Insurance Policy: Mexico in
the 1990s, 47 LATIN
AMERICAN POL. & SOC’Y, 87,
91-92 (2005).

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TABLE 4: WORLD SELECTION METHODS
Country

Micronesia,
Federated
States of

Moldova

Monaco

Selection Method

Justices are appointed by the president,
with the advice and consent of the
legislature.

The judges of the Supreme Court are
appointed by the Parliament after
being nominated by the Superior
Council of Magistracy. Lower court
judges are appointed by the President
after nomination by the Superior
Council of Magistracy.
The Supreme Court is composed of ten
members, five full members and five
deputy members. All are appointed by
the Prince after nomination by the
National Council, the Council of State,
the Crown Council, the court of appeal
and the court of first instance. These
five institutions all nominate a full
member. Only the National Council
and the Council of State also put
forward a deputy.

Mongolia

The President of the Mongolia
appoints judges after proposal of the
Judicial General Council.

Montenegro

After recommendation by the Judicial
Council, the National Assembly
appoints judges to the courts.

Mozambique

Namibia

Judges are appointed by the President
of the Republic after consultation with
the Supreme Council of the Judiciary.
The Assembly of the Republic
appoints the other judges to the
Supreme Court.
The President appoints all Judges to
the Supreme Court and the High Court
on the recommendation of the Judicial
Service Commission.

References
Encyclopedia of Nations,
Micronesia, Federated States
of: Judicial System,
http://www.nationsencyclopedi
a.com/Asia-andOceania/MicronesiaFederated-States-ofJUDICIAL-SYSTEM.html
(last visited Apr. 9, 2007).
American Bar Association,
Central European and Eurasian
Law Initiative, Legal
Information for Moldova,
http://www.abanet.org/ceeli/co
untries/moldova/legalinfo.html
(last visited Mar. 30, 2007).

Official Website of Monaco,
The Supreme Court,
http://www.gouv.mc/devwww/
wwwnew.nsf/1909$/efcb8af3d
5f55567c1256fa3004fcc3fgb?
OpenDocument&5Gb (last
visited Apr. 9, 2007).

Mongolian State Law on the
Courts, art. 6 cl. 2 available at
http://www.asuult.net/nemesis/
mongolian_judiciary/.
Judicial Reform Index for
Montenegro, American Bar
Association Central and East
European Law Initiative, 2002,
available at
http://unpan1.un.org/intradoc/g
roups/public/documents/UNT
C/UNPAN017566.pdf.
MOZAMBIQUE CONST. art. 170,
available at
http://confinder.richmond.edu/
admin/docs/moz.pdf.
NAMIBIA CONST. art. 82
available at
http://www.orusovo.com/namc
on/.

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TABLE 4: WORLD SELECTION METHODS
Country

Nepal

Netherlands

New Zealand

Nigeria

Palestine

Panama

Papua New
Guinea

Selection Method

The King appoints all judges on the
recommendation of the Judicial
Council.

All judicial appointments are made by
the Crown.

The Governor-General makes
appointments to the Supreme Court,
Court of Appeal and High Court on the
advice of the Attorney-General. The
Governor-General appoints judges to
district courts on the advice of the
Attorney-General, who receives
recommendations from the Chief
District Court Judge and the Secretary
for Justice.
The National Judicial Council advises
the President on appointments to the
Supreme Court, the Court of Appeal,
and the Federal High Court. State
court judges are also appointed by the
state governors after recommendation
by the National Judicial Council.

The High Judicial Council appoints,
supervises, transfers, and dismisses
judges.

The nine Supreme Court justices are
appointed by the president subject to
the advice and consent of the
Legislative Assembly. Supreme Court
justices appoint the judges of the
superior courts who then appoint the
circuit court judges in their respective
jurisdictions.
The Chief Justice is appointed by the
Head of State acting on the advice of
the National Executive Council. Other
Judges are appointed by the Judicial
and Legal Services Commission.

References
United States Department of
State, Background Note:
Nepal, October 2006,
http://www.state.gov/r/pa/ei/bg
n/5283.htm (last visited Apr. 9,
2007).
United States Department of
State, Background Note: The
Netherlands, January 2007,
http://www.state.gov/r/pa/ei/bg
n/3204.htm (last visited Apr. 9,
2007).

Courts of New Zealand, The
Judges: Judicial Appointments,
http://www.courtsofnz.govt.nz/
about/judges/appointments.ht
ml (last visited Apr. 9, 2007).

The Nigeria Judiciary, Legal
Institutions: National Judicial
Council,
http://www.nigeriajudiciary.or
g/njc.htm (last visited Apr. 10,
2007).
United Nations Development
Programme, Programme on
Governance in the Arab
Region, Judiciary: Palestine,
http://www.pogar.org/countrie
s/judiciary.asp?cid=14 (last
visited Apr. 10, 2007).
Encyclopedia of Nations,
Panama: Judicial System,
http://www.nationsencyclopedi
a.com/Americas/PanamaJUDICIAL-SYSTEM.html
(last visited Apr. 10, 2007).

PAPUA NEW GUINEA CONST.
art. 169-70.

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Country

Paraguay

Selection Method
The Supreme Court appoints lower
court judges and magistrates after
recommendation by the magistrate’s
council.

Peru

The Senate confirms justices that have
been nominated by the President based
on recommendations by the National
Justice Council.

Philippines

The President appoints judges of the
Supreme Court and lower courts from
a list of candidates submitted by the
Philippine Judicial and Bar Council.

Poland

Most justices enter the profession
through an apprenticeship. Other
judges are appointed by the President
after nomination by the National
Council of the Judiciary.

Portugal

Judges are recruited through
competitive exams followed by a
course of initial training at the Centre
for Judicial Studies (Centro de
Estudos Judiciarios). Following
training, The Superior Council of the
Judiciary has the power to appoint,
assign, transfer and promote the
judges.

Qatar

Romania

The High Judicial Council recommends judicial candidates to the Emir
who then appoints the judge.

Judges are appointed by the president
on the recommendation of the Superior
Council of Magistrates.

References
The Jurist, Paraguay: Courts &
Judgments,
http://jurist.law.pitt.edu/world/
paraguay.htm (last visited Apr.
10, 2007).
Encyclopedia of Nations, Peru:
Judicial System,
http://www.nationsencyclopedi
a.com/Americas/PeruJUDICIAL-SYSTEM.html
(last visited Apr. 10, 2007).
The Jurist, Philippines: Courts
& Judgments,
http://jurist.law.pitt.edu/world/
philippines.htm (last visited
Apr. 10, 2007).
Open Society Institute,
Monitoring the EU Accession
Process, Judicial Capacity in
Poland, 158 (2002) available
at
http://www.eumap.org/reports/
2002/judicial/international/sect
ions/poland/2002_j_
poland.pdf.
International Commission of
Jurists, Portugal: Attacks on
Justice, Aug. 27, 2002,
http://www.icj.org/news.php3?
id_article=2666&lang=en (last
visited Apr. 10, 2007).
United Nations Development
Programme, Programme on
Governance in the Arab
Region, Judiciary: Qatar,
http://www.pogar.org/countrie
s/judiciary.asp?cid=15 (last
visited Apr. 10, 2007).
American Bar Association,
Central European and Eurasian
Law Initiative, Legal
Information for Romania,
http://www.abanet.org/ceeli/co
untries/romania/legalinfo.html
(last visited Mar. 30, 2007).

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TABLE 4: WORLD SELECTION METHODS
Country

Selection Method

Russia

Judges of the Constitutional Court,
Supreme Court and High Arbitrazh
Court are all appointed by the Council
of the Federation after nomination by
the president.

Rwanda

The Higher Judiciary Council appoints
judges.

Saudi Arabia

Senegal

Serbia

Sierra Leone

The Supreme Judicial Council
appoints, promotes, and transfers
judges.

Judges are appointed after recommendation by the Minister of Justice.

The High Judicial Council nominates
all judges who are then confirmed and
formally appointed by the General
Assembly. Federal Constitutional
Court and Federal Court judges are
nominated by the President appointed
by the Federal Assembly.
The Chief Justice of the Supreme
Court is appointed by the President on
the recommendation of the Judicial
and Legal Service Commission and
after approval of Parliament. The
other Supreme Court justices are
appointed by the President after
recommendation by the Judicial and
Legal Service Commission. The
judges of lower courts are appointed
by the Chief Justice after consultation
with the Judicial and Legal Service
Commission.

References
American Bar Association,
Central European and Eurasian
Law Initiative, Legal
Information for Russia,
http://www.abanet.org/ceeli/co
untries/russia/legalinfo.html
(last visited Mar. 30, 2007).
Charles Ntampaka, Rwanda:
Justice – Seeking Its Path,
http://ospiti.peacelink.it/anbbia/nr337/e18.html (last visited
Apr. 10, 2007).
United Nations Development
Programme, Programme on
Governance in the Arab
Region, Judiciary: Saudi
Arabia,
http://www.pogar.org/countrie
s/judiciary.asp?cid=16 (last
visited Apr. 11, 2007).
Encyclopedia of Nations,
Senegal: Judicial System,
http://www.nationsencyclopedi
a.com/Africa/SenegalJUDICIAL-SYSTEM.html
(last visited Apr. 10, 2007).
American Bar Association,
Central European and Eurasian
Law Initiative, Legal
Information for Serbia,
http://www.abanet.org/ceeli/co
untries/serbia/legalinfo.html
(last visited Mar. 30, 2007).

SIERRA LEONE CONST.
art. 135(1), 135(2), 142(1).

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TABLE 4: WORLD SELECTION METHODS
Country

Selection Method

Singapore

Judges are appointed by the President,
acting on the advice of the Prime
Minister.

Slovenia

The Judicial Council appoints judges
after consulting with court personnel
councils and the Ministry of Justice.

Somaliland

The President appoints the justices of
the Supreme Court after consultation
with the Judicial Commission. The
Chief Justice also has to be approved
by the Parliament. Lower court judges
are appointed by the Judicial
Commission.

South Africa

The President appoints justices on the
recommendation of the Judicial
Service Commission.

Spain

Judges are appointed by the Consejo
General del Poder Judicial (Judicial
Council).

Sudan

The President appoints all judges,
including those of the Supreme Court
on the recommendation of the National
Judiciary Service Commission (NJSC).
The President of the Southern Sudan
appoints all judges in Southern Sudan.

References
The Supreme Court of
Singapore, Judges, Judicial
Commissioners, and
Registrars,
http://app.supremecourt.gov.sg
/default.aspx?pgID=40 (last
visited Apr. 10, 2007).
Open Society Institute,
Monitoring the EU Accession
Process, Judicial Capacity in
Slovenia 212-213, (2002),
available at
http://www.eumap.org/reports/
2002/judicial/international/sect
ions/slovenia/2002_j_slovenia.
pdf.

SOMALILAND CONST. art. 105,
107, 108.

Francois Du Bois, Judicial
Selection in Post-Apartheid
South Africa, in APPOINTING
JUDGES IN AN AGE OF JUDICIAL
POWER 280, 281 (Kate
Malleson & Peter H. Russel,
eds., 2006).
The World Bank, Governing
the Justice System: Spain’s
Judicial Council, June 2001,
available at
http://www1.worldbank.org/pr
em/PREMNotes/premnote54.p
df.
United Nations Development
Programme, Programme on
Governance in the Arab
Region, Judiciary: Sudan,
http://www.pogar.org/countrie
s/judiciary.asp?cid=18 (last
visited Apr. 9, 2007).

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TABLE 4: WORLD SELECTION METHODS
Country

Syria

Selection Method

The Supreme Judicial Council
appoints, dismisses, and transfers
judges.

References
United Nations Development
Programme, Programme on
Governance in the Arab
Region, Judiciary: Syria,
http://www.pogar.org/countrie
s/judiciary.asp?cid=19 (last
visited Apr. 9, 2007).
Library of Congress – Federal
Research Division, Country
Profile: Tajikstan, January 13
(2007), available at
http://lcweb2.loc.gov/frd/cs/pr
ofiles/Tajikistan.pdf

Tajikistan

The President appoints judges who are
later confirmed by Parliament.

Tanzania

The judges of the high courts are
appointed by the President after
consultation with the Judicial Service
Commission; Justices of the Court of
Appeal are appointed by the President
after consultation with the Chief
Justice.

TANZANIA CONST. art. 109,
118 available at
http://www.tanzania.go.tz/ima
ges/constitutioneng.pdf.

Judges are recruited by the Judicial
Commission and are appointed by the
King.

Thailand Office of the
Judiciary, The Judiciary of
Thailand,
http://www.judiciary.go.th/eng
/thejudiciary.htm (last visited
Apr. 9, 2007).

Thailand

Togo

Trinidad and
Tobago

After completing a competitive
examination, judges follow a two-year
training course at the College for
Senior Civil Servants. The Council of
Judges (CSM) then recommends
judges for appointment to the Justice
Minister, who then makes the
appointment.
The Chief Justice is appointed by the
President after consultation with the
Prime Minister and the Leader of the
Opposition. Other Supreme Court
judges are appointed by the President
on the advice of the Judicial and Legal
Service Commission. The Judicial and
Legal Service Commission appoints
magistrates and all other judicial
officers.

Paschal K. Dotchevi, Togo:
Justice – In Need of a Rethink,
http://ospiti.peacelink.it/anbbia/nr337/e21.html (last visited
Apr. 11, 2007).

Judiciary of the Republic of
Trinidad and Tobago,
Appointment of the Judiciary,
http://www.ttlawcourts.org/app
ointment.htm (last visited Apr.
9, 2007).

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TABLE 4: WORLD SELECTION METHODS
Country

Tunisia

Turkey

Turkmenistan

Uganda

Ukraine

United Arab
Emirates

Selection Method

References

Magistrates are nominated by the
President upon the recommendation of
the Supreme Judicial Council.

TUNISIA CONST. art. 66
available at
http://www.pogar.org/publicati
ons/judiciary/nbrown/tunisia.ht
ml.

Turkey has a civil service judiciary
where students choose to train for a
judicial career early in the legal
education process. After graduation
from judicial school, they begin their
apprenticeship in eastern Turkey,
moving westward region by region
throughout their career.
The president appoints the Supreme
Court, Velayat, Ashgabat, Etrap and
City Court judge, although the
Supreme Court Chairman has to
approved by the General Assembly.
The President appoints the other
judicial officers on the recommendation of the Supreme Court Chairman.
The President appoints the Chief
Justice. Other judges are also
appointed by the President with the
recommendation of the Judicial
Service Commission. Magistrates are
appointed by the Judicial Service
Commission.
Those interested in judicial
appointment have to pass a
qualification examination. Those who
pass and are recommended by the
qualification commission are then
reviewed by the High Judicial Council
(HCJ). Those receiving recommendation from the HCJ are presented to the
President for final appointment.
Federal Supreme Court judges are all
appointed by the UAE president with
the approval of the Supreme Federal
Council. Other federal judges are
appointed by the UAE president after
nomination by the minister of justice.

Jurist: Legal Intelligence,
Turkey: Courts & Judgements,
http://jurist.law.pitt.edu/world/
turkcor4a.htm (last visited
Apr. 11, 2007).
American Bar Association,
Central European and Eurasian
Law Initiative, Legal
Information for Turkmenistan,
http://www.abanet.org/ceeli/co
untries/turkmenistan/legalinfo.ht
ml (last visited Mar. 30, 2007).
Republic of Uganda, Courts of
Judicature: Judicial Officers,
http://www.judicature.go.ug/ju
dicial.php (last visited Apr. 11,
2007).

American Bar Association,
Central and East European
Law Initiative, Judicial Reform
Index for Ukraine 3 (2002),
available at
www.abanet.org/ceeli/publicati
ons/jri/jri_ukraine.pdf.
United Nations Development
Programme, Programme on
Governance in the Arab
Region, Arab Judicial
Structures: United Arab
Emirates,
http://www.pogar.org/publicati
ons/judiciary/nbrown/uae.html
(last visited Apr. 9, 2007).

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IN THE GLOBAL MARKET FOR JUSTICE

517

TABLE 4: WORLD SELECTION METHODS
Country

United
Kingdom

Selection Method

Judges are recommended by judicial
commissions with final appointment
by the Secretary of State for
Constitutional Affairs.

Uzbekistan

Supreme Court judges are nominated
by the president and confirmed by the
Oliy Majlis (legislature). Lower court
judges are appointed by the president.

Vanuatu

The Chief Justice is appointed by the
President after consultation with the
Prime Minister and the Leader of the
Opposition. Other judges are
appointed by the President acting on
the advice of the Judicial Service
Commission.

Venezuela

Judges are appointed and sworn in by
the Supreme Tribunal of Justice.

Vietnam

The Chief Judge of the Supreme
People's Court appoints judges
according to the 2002 Law on the
Organization of the People’s Court.

Yemen

Judges are appointed by the Supreme
Judicial Council.

Zambia

The Supreme Court justices are
appointed by the President subject to
ratification by the National Assembly.
Other judges are recommended by the
Judicial Service Commission and
appointed by the President, subject to
ratification by the National Assembly.

References
Kate Malleson, The New
Judicial Appointments
Commission in England and
Wales: New Wine in New
Bottles, in APPOINTING JUDGES
IN AN AGE OF JUDICIAL POWER
39, 46 (Kate Malleson & Peter
H. Russel, eds., 2006).
Microsoft Encarta Encyclopedia, Uzbekistan: Judiciary,
http://encarta.msn.com/encyclo
pedia_761551989_6/Uzbekistan.
html (last visited Apr. 11,
2007).
VANUATU CONST. art. 47(2), 49
(3), available at
http://www.vanuatu.gov.vu/go
vernment/library/constitution.html.
Lauren Castaldi, Judicial
Independence Threatened in
Venezuela: The Removal of
Venezuelan Judges and the
Complications of Rule of Law
Reform, 37 GEO. J. INT'L L.
477, 493 (2006).
Brian J.M. Quinn, Vietnam's
Continuing Legal Reform:
Gaining Control Over The
Courts, 4 Asian-Pac. L. &
Pol'y J. 431, 452-453 (2003).
World Bank, Republic of
Yemen: Judicial and Legal
System Building Block, 2000,
4, available at
http://lnweb18.worldbank.org/
mna/mena.nsf/Attachments/Ju
dicial/$File/BB-5.pdf.

ZAMBIA CONST. art. 93, 95.

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TABLE 4: WORLD SELECTION METHODS
Country

Zimbabwe

Selection Method
The Chief Justice and other judges of
the Supreme Court and the High Court
are appointed by the President after
consultation with the Judicial Service
Commission.

References

ZIMBABWE CONST. s. 84

 

 

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