Judicial Selection: The Cross-Evolution of French and American Practices

Judicial Selection: The Cross-Evolution of French and American Practices

Judicial Selection: The Cross-Evolution of French and American Practices

Judicial Selection: The Cross-Evolution of French and American Practices

Synopsis

Political Culture and Judicial Systems Appointing Judges in the United States Designating Judges in France: Monarchy and Revolution Popular Democracy and the Election of Judges in the United States Evolution of French Judges as Civil Servants Transatlantic Lessons References Index

Excerpt

The first state constitutions were drafted in 1776 in conjunction with the Declaration of Independence. the national constitution, as it is known today, was not drafted until 1787. Before that date the states had acted as a loose confederation in which each state retained significant independence of action. the governing document under which this confederation operated was the Articles of Confederation, which had been drafted shortly after independence was proclaimed. These articles provided for a Congress of the several states, with meager powers, since exercise of important powers was contingent on consent of nine of the thirteen states and since there was no means of compelling the states to comply with determinations of the Congress. the Articles of Confederation made no provision for an executive office or a judiciary, except for ones that might be appointed by Congress for trials of piracy or crimes on the high seas. the basic inadequacies of the Confederation revolved around the inability of Congress to raise revenues or regulate commerce. Hence, a federal convention was called in 1787 to draft amendments to the Articles of Confederation, a convention that ultimately drafted the current U.S. Constitution.

In 1776 each of the original thirteen colonies began to operate autonomously under their newly drafted constitutions, although Massachusetts did not draft a constitution until 1780. the depth of commitment to familiar British traditions can be demonstrated during this period in the example of Rhode Island, which simply continued its original British charter from 1663. There were a number of reasons for the American Revolution; the dominant one, however . . .

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