Open Access. Powered by Scholars. Published by Universities.®

Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

Georgetown University Law Center

2002

Separation of powers

Articles 1 - 1 of 1

Full-Text Articles in Judges

Myth, Reality Past And Present, And Judicial Elections, Roy A. Schotland Jan 2002

Myth, Reality Past And Present, And Judicial Elections, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

Why do we have judicial elections? A democracy without elections for the legislature and executive (or, in parliamentary systems, for the executive as the leadership of the elected legislators), would be simply inconceivable. But no one would deny that eleven of our states, or many other nations, are democracies even though they do not elect judges. It might follow from that irrefutable, fundamental difference between elections for judges and for other offices, that judicial elections should not-or more to the point, need not-be conducted the same as other elections. Before we soar into debate, let us lay a foundation with ...