Appointment of Judges: A Key Issue of Judicial Independence

Abstract

This comment emphasises the importance of the mechanisms for appointment of judges in maintaining judicial independence and public confidence in the judiciary. It argues that the power of appointment of judges should not be vested exclusively in the executive government. The paper examines the basic nature of the principal mechanisms for appointment of judges operating in different countries of the world. Particularly, it analyses the main strengths and weaknesses of the elective system of judicial selection and the system of appointing judges through parliamentary approval, consultation with the judiciary and legal profession and an independent commission. It concludes that the appointment of judges by using an independent commission may be considered an acceptable and effective mechanism for judicial appointments.