The Judicial Collegium

Abstract

This essay addresses three pertinent aspects—first, how the Second Judges’ and Third Judges’ Cases led to the establishment of the collegium system. In this discussion, the essay analyses the key findings of the Second and Third Judges’ Cases, an exercise which is pertinent for an understanding of how the ‘collegium’ came into being. Second, this essay proceeds to establish a normative vision of what the judicial appointments process should look like so as to address the criticisms that the collegium system has been subjected to. The essay makes a strong case for reform of the collegium through practical examples of when it has failed in its constitutional duties. Third, the essay addresses questions relating to how appointments should be made, and who should make the appointments.