Judges are appointed for a number of good reasons. But this is a good question. The appointment process and tenure are some of the conditions used to give judges enough security to effectively do their job. The idea is that the judicial branch be at arms-length from political counterparts.
Things constantly change; I think of civil rights legislation in this case. When the mood of the times changes, its up to judges and judicial review to keep laws up-to-date. This way, we are able to have a set of laws, but laws which are subject to changes at the discretion of judges.
Electing judges, on the whole, is a good idea, but the problem comes when judges are faced with re-election. While not all judges are given lifetime appointments - most of them have quite a considerable amount of 'protection' over their decisions. To make up for the fact that judges are prone to human errors, we have the appeals process. A distinctive judicial hierarchy also accounts for this. (lower courts, regional courts, state/provincial courts, supreme court)
Another thing to think about is that judges tend to deal with matters that may take more time than the conventional election cycle. I think it serves judicial economy well to have judges appointed and a safe distance from political interference because it allows them to do their job in an unbiased fashion. Elected judges could turn the judicial system into a popularity contest; we're looking for qualified judges not popular candidates. I tend to feel that people are ill-informed enough about general politicians, let alone judges' qualifications. Kind of like electing doctors; I wouldn't really know whether im making a wise vote or not, in the end, the electorate really isn't qualified to make those kinds of decisions.
The problem with appointments is potential corruption, but for the sake of arguing, I'd rather have an appointed judiciary with a few bad apples than I would a revolving door judiciary prone to making partisan decisions.
Good points by Thurston, but as time has shown us, unelected judges do not have to face any backlash from overturning the people. The 9th circuit court is a perfect example of Judicial legislating from the bench. I would be remiss not to include an extend term limit for judges, as it is important for them to be laser focused upon tasks. I would argue for 7 to 9 year term limits. Odd years would be good so as to mostly avoid the circus of major election cycles.
Judges definitely should never be elected - they need to be entirely independent from the political process and 'untouchable' by the powers that be - this is the doctrine of the separation of powers. The executive, the parliament and the judiciary are the three arms of government and the judiciary cannot be impartial if they are worried about keeping or getting their jobs. Imagine a Judge who gets elected on a platform of tough justice trying to make a fair and balanced decision. While many might agree with tougher justice, if harsher penalties are needed it is up to parliament to impose higher maximums, not judges. Judges should be appointed until the age of 65 or 70 and no one should be able to remove them unless they are found to be corrupt. This is the only way to ensure they are not beholden to anyone and cannot be influenced or corrupted in their work.
Some Judges should be elected.At,least the public would know what the judges claim to be thinking politically.
U.S.Supreme court justices should also give the public a sense of what they are thinking politically.presidents and parties have always tried to appoint those judges they see as politically correct.
It,seems politics will never be seperate from "The Law"
Have you seen my hubs on reverse speech?
Politicians,judges and lawyers might or might not like it if their speech was giving the truth of what they are really thinking.If,you google "reverse speech you will see at least 40 million entries
by bill yon 7 years ago
Do you think SUPREME COURT JUDGES SHOULD BE ELECTED FOR LIFE?
by Susan Reid 6 years ago
A binder full of women is bad enough.But the truth is, Romney didn't even ASK for the binder.It was supplied before he took office by women's activists.Is there anything this guy will not take credit for?http://blog.thephoenix.com/BLOGS/talkin … g.facebook
by Grace Marguerite Williams 2 years ago
If Donald Trump is elected as President of the United States, what will be YOUR reaction? Why?
by Kathryn L Hill 3 years ago
One would assume there are many ways to rectify (or avoid) judicial incompetence. The primary way way is to select quality judges and jurors in the first place. Quality judges come from education. Jurors not so much. In fact, jurors are just your run-of-the-mill, educated or not, average Joe and...
by Catherine Mostly 2 years ago
What are you going to do the day after the election?I think most of us pretty much know who we are voting for at this point, so no matter who wins - lets let the cards fall where they may and look ahead: how will you start de-stressing after the hairy-scary national show is over?Will you be okay if...
by Norma Lawrence 23 months ago
Did I misunderstand Hillary when she said she would accept who was elected president.Maybe I misunderstood the question she was asked or maybe she meant she would accept the nominee if it were her and no one else. It is sad this election has gone so bad. It is almost like the country is...
Copyright © 2018 HubPages Inc. and respective owners. Other product and company names shown may be trademarks of their respective owners. HubPages® is a registered Service Mark of HubPages, Inc. HubPages and Hubbers (authors) may earn revenue on this page based on affiliate relationships and advertisements with partners including Amazon, Google, and others.
|HubPages Device ID||This is used to identify particular browsers or devices when the access the service, and is used for security reasons.|
|Login||This is necessary to sign in to the HubPages Service.|
|HubPages Traffic Pixel||This is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.|
|Remarketing Pixels||We may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.|
|Conversion Tracking Pixels||We may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.|