Izbor sudija u Sjedinjenim Američkim Državama
Selection of Judges in the United States of America

Author(s): Ana S. Knežević Bojović
Subject(s): Constitutional Law
Published by: Institut za uporedno pravo
Keywords: American judicial system; selection and appointment of judges; disciplinary liability
Summary/Abstract: The issues of selection, appointment, disciplinary liability of judges and termination of judicial offices are of particular importance in every transitional country, where judicial independence is a major step in establishing the rule of law. Consequently, the manner in which these issues are regulated in other countries, particularly in old democracies, is of special interest. Admittedly, the judicial system of the United States of America is unique, and it’s solutions are tailored to serve the legal and political needs of a complex federation, and consequently cannot serve as a relevant model for Serbia. However, the problem of stricking a delicate balance (or a lack thereof) between the need for judicial independence and established procedures for appointment of judges and their removal from office in which the public and the executive and legislative powers are closely involved, is one that is in common for all legal systems. It it also true that American judiciary is an underexamined issue in Serbian legal studies. In keeping with the title of this book and its’s underlying idea, the article provides an outlook on the general system of appointment of state court judges, and other relevant rules and procedures concerning their status. Furthermore, it provides a detailed overview of the procedure for the appointment of federal court judges and examines the relevant topical issues. Complemented by the paper on the Supreme Court of America in this publication, it provides a unique insight in the American judiciary from the perspective of continental lawyers.

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