Legal System
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- How is the legal system implemented?
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How is justice serve?
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How is criminal justice serve?
- What is the relation of the ‘security’; prosecutors and the ‘judiciary system‘?
- How to make more efficient the relation of the ‘judiciary system’ and the security - prosecutors systems?
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Jurisprudence
Courts.
- Civil Justice
- Criminal Justice
- Justicia de Oposicion
- Administrative Justice
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Judged Selection Methods
| Method of Selection | Description | Examples | Sources |
|---|---|---|---|
| Executive Appointment | Judges appointed directly by the executive branch, sometimes with confirmation from the legislature. | United States (Federal Judges), Brazil (Supreme Federal Court), Saudi Arabia | The Appointment of Judges in the United States (American Bar Association), Brazil's Supreme Federal Court (Journal of Politics) |
| Legislative Appointment | Judges are selected by the legislature, often with recommendations from other branches. | Germany (Bundestag elects Constitutional Court members), Italy (Constitutional Court) | Germany’s Judicial Appointment System (Federal Constitutional Court), Judicial Selection in Italy (Italian Government Publications) |
| Judicial Appointments Commissions | Independent commissions involving legal professionals and sometimes politicians select or recommend judges. | United Kingdom (Judicial Appointments Commission), South Africa (Judicial Service Commission) | Judicial Appointments in the UK (Judicial Appointments Commission), Judicial Appointment Processes in South Africa (South African Law Reform Commission) |
| Election by the Public | Judges are elected directly by the public through a voting process, often for a fixed term. | United States (State courts), Switzerland (Cantonal and Federal Courts) | Judicial Elections in the U.S. (National Center for State Courts), Swiss Judicial System and Elections (Swiss Federal Courts) |
| Appointment by the Judicial Body | Judges are appointed or promoted by a judicial council or body, typically consisting of senior judges. | Turkey (High Council of Judges and Prosecutors), France (High Council of the Judiciary) | Judicial Appointment Process in Turkey (European Commission for Democracy Through Law), Judicial Appointments in France (French Ministry of Justice) |
| Mixed or Hybrid Methods | A combination of methods involving multiple branches of government (executive, legislative, judiciary). | United States (State Merit Selection), Mexico (Presidential appointment with Senate confirmation) | Merit Selection of Judges in the U.S. (American Judicature Society), Mexico's Judicial Appointments (Mexican Federal Judiciary) |
| Direct Appointment by Political Authorities | Political authorities, like political parties or politicians, directly control judicial appointments. | Russia (President with Federation Council approval), China (National People's Congress) | Judicial Appointments in Russia (Russian Constitutional Court), Judicial Independence in China (Chinese Legal Studies) |
| Pre-Selection → Random Method | … | … | … |
On Method To Remove Judges
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References
- United States bankruptcy court
- Creating the Federal Judicial System
- Federal judiciary of the United States
- https://www.conseil-etat.fr/en
- https://en.wikipedia.org/wiki/Judiciary
- https://en.wikipedia.org/wiki/Judiciary_of_France
- https://es.wikipedia.org/wiki/Poder_judicial_de_Espa%C3%B1a
- https://en.wikipedia.org/wiki/Judiciary_of_Germany
- https://poderjudicial.gob.do/
- https://poderjudicial.gob.do/sala/presidencia-del-tribunal-superior-administrativo/
- https://es.wikipedia.org/wiki/Consejo_Superior_de_la_Magistratura_(Italia)
- https://es.wikipedia.org/wiki/Consejo_General_del_Poder_Judicial
- https://es.wikipedia.org/wiki/Consejo_Superior_de_la_Magistratura_(Francia)
- https://cnm.gob.do/
- Kiener, R., & Gunjic, I. (2021, September). The Election of Federal Judges in Switzerland and the Rule of Law. In Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis. (pp. 289-300). Verlag CH Beck.
- Vandamme, P. É., & Bello Hutt, D. (2021). Selecting Constitutional Judges Randomly. Swiss Political Science Review, 27(1), 107-127.
- Bagües, M. F. (2007). Las oposiciones: análisis estadístico. Jueces para la democracia, 59, 25-35.
- Webster, P. D. (1995). Selection and retention of judges: is there one Best Method. Fla. St. UL Rev., 23, 1.