Podcast
Questions and Answers
How are Supreme Court judges appointed in the United States?
How are Supreme Court judges appointed in the United States?
- Appointed by the legislature exclusively
- Appointed by the President with Senate consent (correct)
- Nominated by the judiciary
- Elected by the public
What criteria does the President consider when nominating a Supreme Court judge?
What criteria does the President consider when nominating a Supreme Court judge?
- Political affiliation, legal theory, expertise
- Length of legal experience and academic performance
- Public popularity and previous rulings
- Geographical origin, gender, religion, race (correct)
What is the term length for judges appointed in Germany?
What is the term length for judges appointed in Germany?
- Lifetime appointment
- 8 years renewable
- 12 years non-renewable (correct)
- 10 years with possibility for renewal
What major difference exists between the appointment systems of the US and Germany?
What major difference exists between the appointment systems of the US and Germany?
Which committee plays a crucial role in the confirmation of a Supreme Court nomination in the US?
Which committee plays a crucial role in the confirmation of a Supreme Court nomination in the US?
Which statement is true about the political influence on the appointment of judges in the US?
Which statement is true about the political influence on the appointment of judges in the US?
What is a significant advantage of the mixed-system for appointing constitutional judges?
What is a significant advantage of the mixed-system for appointing constitutional judges?
How are judges for Germany's Federal Constitutional Court appointed?
How are judges for Germany's Federal Constitutional Court appointed?
What is the underlying legal system followed by the United States?
What is the underlying legal system followed by the United States?
Which of the following describes a drawback of the mixed-system for judicial appointments?
Which of the following describes a drawback of the mixed-system for judicial appointments?
Which countries use a mixed-system for appointing constitutional judges?
Which countries use a mixed-system for appointing constitutional judges?
How does the mixed-system maintain democratic accountability?
How does the mixed-system maintain democratic accountability?
What issue can arise from the shared authority in the mixed-system?
What issue can arise from the shared authority in the mixed-system?
What is one characteristic of judicial appointments in the United States compared to Germany?
What is one characteristic of judicial appointments in the United States compared to Germany?
Why might the public find it challenging to hold the judiciary accountable in a mixed-system?
Why might the public find it challenging to hold the judiciary accountable in a mixed-system?
What outcome can occur from deadlocks in the mixed-system during judicial appointments?
What outcome can occur from deadlocks in the mixed-system during judicial appointments?
Flashcards
Constitutional Judge Appointment
Constitutional Judge Appointment
The process of selecting and confirming individuals to serve as judges in a constitutional court.
Appointment-Based Judicial Selection
Appointment-Based Judicial Selection
A system where the executive branch (e.g., President) nominates judges, and the legislative branch (e.g., Senate) confirms them.
Election-Based Judicial Selection
Election-Based Judicial Selection
A system where the legislature directly elects judges for the constitutional court.
Common Law System
Common Law System
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Civil Law System
Civil Law System
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Presidential Influence in US Judicial Appointments
Presidential Influence in US Judicial Appointments
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Senate Confirmation Process
Senate Confirmation Process
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Legislative Influence in German Judicial Appointments
Legislative Influence in German Judicial Appointments
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Mixed-system for Appointing Judges
Mixed-system for Appointing Judges
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Triad of Government Input
Triad of Government Input
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Preventing Dominance
Preventing Dominance
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Democratic Accountability
Democratic Accountability
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Diverse Backgrounds in Judges
Diverse Backgrounds in Judges
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Slowed Appointment Process
Slowed Appointment Process
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Deadlocks in the Selection Process
Deadlocks in the Selection Process
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Blurred Accountability
Blurred Accountability
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Study Notes
Constitutional Judge Appointment Systems
- Three systems exist: executive appointment, legislative election, and a mixed system.
Executive Appointment (e.g., US)
- President appoints judges with Senate consent.
- President considers legal expertise, and attempts to ensure diversity by considering factors like geographical origin, gender, religion, and race (though political alignment is often a factor).
- Nomination is debated and voted upon by the Senate Judiciary Committee and the full Senate.
- Confirmed nominees serve lifetime appointments.
- President holds significant influence.
- Common law system allows for more independent judicial rulings, potentially influenced by the President's political ideology.
Legislative Election (e.g., Germany)
- Legislature (Bundestag and Bundesrat) elect judges.
- Two-thirds majority required for election.
- Judges formally appointed by the Federal President.
- Judges serve 12-year non-renewable terms.
- System is arguably more relevant for civil law due to public examinations.
- Legislature holds greater influence.
Mixed System (e.g., Italy)
- Combines elements of executive and legislative appointment.
- Often involves input from the executive, legislature, and judiciary.
- Example: Italy appoints judges via a joint session, Presidential appointment, and by current Supreme Court members.
- Benefits include diverse representation, political independence, and greater accountability.
- However, can be complex, slow, and lead to deadlock, particularly with issues of shared responsibility, influence, and effective functioning.
Comparisons and Criticisms
- US executive appointment: President retains considerable influence but process inherently includes input from Senate.
- German legislative election: Greater legislature influence; however, more transparent with voting criteria.
- Mixed systems: Balance of power among different branches but can face gridlock, uneven power distribution, and problems of accountability in implementing the appointments given complexities involved.
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Description
This quiz explores the different systems of appointing constitutional judges, including executive appointment, legislative election, and mixed systems. It covers the processes in the US and Germany, highlighting key factors like political influence, term lengths, and the role of government bodies involved in the appointments.
