Judicial Review of Judicial Appointments in Germany

Q2 Social Sciences
J. Riedel
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引用次数: 1

Abstract

With its career justices, Germany is often criticized for its lack of self-administration of the judiciary. This is because judges are, as a rule, appointed by the government—even if at times a parliamentary committee is involved in selecting candidates. In assessing the German system, however, it is often overlooked that career decisions are subject to tight judicial review. The article explains how this system developed. It provides an overview of the procedure, summarizes the criteria for judicial review, and details how according to constitutional requirements competing candidates have to be assessed and compared. The article also discusses leading cases of this system, reviewing their facts, and showing their application. As such, it is a small study of how case law can work in a continental legal system.
德国司法任命的司法审查
凭借其职业法官,德国经常因缺乏司法机构的自我管理而受到批评。这是因为法官通常由政府任命——即使有时议会委员会也会参与候选人的选择。然而,在评估德国的制度时,人们往往忽视了职业决定要经过严格的司法审查。文章解释了这个系统是如何发展起来的。它概述了程序,总结了司法审查的标准,并详细说明了如何根据宪法要求对竞争候选人进行评估和比较。文章还讨论了这一制度的主要案例,回顾了它们的事实,并展示了它们的应用。因此,这只是一个关于判例法如何在大陆法律体系中发挥作用的小型研究。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
CiteScore
1.70
自引率
0.00%
发文量
15
审稿时长
16 weeks
期刊介绍: The International Journal for Court Administration (IJCA) is an on-line journal which focuses on contemporary court administration and management. It provides a platform for the professional exchange of knowledge, experience and research in those areas for a diverse audience of practitioners and academics. Its scope is international, and the editors welcome submissions from court officials, judges, justice ministry officials, academics and others whose professional, research projects, and interests lie in the practical aspects of the effective administration of justice. IJCA is an open access journal, and its articles are subjected to a double blind peer review procedure. Please contact the editors if you are not sure whether your research falls into these categories.
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