On the Methods of Selection of Judges of Constitutional Courts
On the Methods of Selection of Judges of Constitutional Courts

Author(s): Goran Marković
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitutional court; Judges; Parliament; Head of state; Election and appointment; Independent body;
Summary/Abstract: The purpose of this work is to analyze different methods of selection of judges of constitutional courts: election of parliament, nomination by head of state, and mixed method which means that three institutions elect and appoint a third of judges each. Each method of selection is only a part of a wider system of selection of judges, since the latter also includes issues such as: term of office, possibility of re-election, professional qualifications, and procedure for election/appointment. However, due to methodological reasons, the author decided to explore only one of elements of these systems. Using legal and comparative methods as well as general theoretical approach to basic constitutional principles, such as popular sovereignty, democratic legitimacy, accountability and merit, the author analyzes both positive and negative aspects of all three methods of selection. He also advocates one of these - election of judges by parliament on a proposal of an independent body, and offers his arguments in favor of this method.

• Details
• Contents