Home > JOURNALS > IJCD > Vol. 8 (2021)
Publication Date
8-24-2021
Abstract
This paper provides a taxonomy of how federal countries appoint judges to their highest courts. Appointment mechanisms involve (1) little or no meaningful input from state government, (2) the states acting in an indirect role, or (3) substantial state government input. Within-group one, countries that allow for little to no meaningful input from state governments, some countries require that one federal body check another federal body during the appointment process, such as the federal executive’s nominees are confirmed by the federal senate. I first evaluate which court or entity in each country answers federalism questions, whether that is a Constitutional Court, Supreme Court, or a commission. I then look at how members of that body are appointed and evaluate that procedure for level of state input.
Recommended Citation
Madden, Molly
(2021)
"A Taxonomy on Constitutional Court Appointment Mechanisms in Federal Countries,"
Indiana Journal of Constitutional Design: Vol. 8, Article 1.
Available at:
https://www.repository.law.indiana.edu/ijcd/vol8/iss1/1
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