II
STAFFING THE COURTS

SELECTION

What principles should govern the selection of the men -- and women -- who dispense justice? To raise this question brings us face to face with moral, as well as political, questions of the greatest importance. However awe-inspiring their functions may be or seem, our judges are still human beings. As such they make the ultimate decisions in the judicial process. In essence, there are just two basic methods of selection: appointment and election -- no matter who does the actual appointing or electing -- although, as we shall see below, a compromise between the two modes has been devised and is practised on certain levels of the judiciary in some jurisdictions. A collateral question is whether judges should be members of a career service as in France, chosen from a special group of lawyers as in England, or selected through appointments essentially political, without regard to their qualifications or professional endorsement, as in the United States. Practices of selection differ in large measure in accordance with the traditions and needs of the country concerned. A crucial consideration here is the very position of the judiciary in the framework of government that provides the rationale for the particular mode adopted and adhered to. Under the Roman law tradition of the Continent, the judiciary is a part of the over-all administrative hierarchy and, as such, represents a position and profession other than that of the ordinary lawyer. Under the common law system, on the other hand, the judges are drawn exclusively from the ranks of the legal profession. Nevertheless, the guiding principles for the selection and tenure of the judiciary in the three countries that concern us most

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