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Towards a Design that Guarantees Adequate Independence of the Judiciary and the Best Method for Selecting Judges for the High Courts

Sebastián Lalinde Ordóñez | February 7, 2015

This chapter’s argument is that the independence of the judiciary is a guarantee that without doubt should be preserved but is not absolute and, thus, allows for qualifications in support of more transparency and accountability of the judiciary

 

This chapter’s argument is that the independence of the judiciary is a guarantee that without doubt should be preserved but is not absolute and, thus, allows for qualifications in support of more transparency and accountability of the judiciary and other state organs that are also associated with the administration of justice, which supposedly guides the decision about who should be represented in the government body of the judiciary. With respect to the selection of judges in the high courts, the author argues that the mechanism ought to harmonize various principles: independence, academic merit, good moral standing of the judges, balance among different legal visions in the courts, and renovation of jurisprudence.

 


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