Appendix Two Judicial Selection Methods
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File: Varsho Created on: 4/29/2007 4:10:00 PM 494 Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 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. File: Varsho 2007] Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM IN THE GLOBAL MARKET FOR JUSTICE 495 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. File: Varsho 496 Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 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). File: Varsho 2007] Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM IN THE GLOBAL MARKET FOR JUSTICE 497 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. File: Varsho 498 Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 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). File: Varsho 2007] Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM IN THE GLOBAL MARKET FOR JUSTICE 499 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 File: Varsho 500 Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 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). File: Varsho 2007] Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM IN THE GLOBAL MARKET FOR JUSTICE 501 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). File: Varsho 502 Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 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. File: Varsho 2007] Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM IN THE GLOBAL MARKET FOR JUSTICE 503 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). File: Varsho 504 Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 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). File: Varsho 2007] Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM IN THE GLOBAL MARKET FOR JUSTICE 505 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. File: Varsho 506 Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 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). File: Varsho 2007] Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM IN THE GLOBAL MARKET FOR JUSTICE 507 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 File: Varsho 508 Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 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). File: Varsho 2007] Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM IN THE GLOBAL MARKET FOR JUSTICE 509 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). File: Varsho 510 Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 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/. File: Varsho 2007] Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM IN THE GLOBAL MARKET FOR JUSTICE 511 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. File: Varsho 512 Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW TABLE 4: WORLD SELECTION METHODS 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). File: Varsho 2007] Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM IN THE GLOBAL MARKET FOR JUSTICE 513 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). File: Varsho 514 Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 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). File: Varsho 2007] Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM IN THE GLOBAL MARKET FOR JUSTICE 515 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). File: Varsho 516 Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 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). File: Varsho 2007] Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM 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. File: Varsho 518 Created on: 4/29/2007 4:10:00 PM Last Printed: 4/29/2007 4:17:00 PM [Vol. 27 NORTHERN ILLINOIS UNIVERSITY LAW REVIEW 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