Judicial selections, either by election or appointment, are presently the most common methods of choosing judges. There is much debate over whether judges should be independent arbiters of legal principle or should be held accountable to the electorate.1 Intrinsic tensions, in the choice of a particular selection method, can have deleterious effects on the justice system.2 The decision on whether it is more practical to have judicial independence or judicial accountability may be determined by the actual role a judge performs. But what is the perceived role of judges and does this role lean towards judicial independence or accountability? It is therefore the intention of this essay to discuss the role of judges, and the potential impact elected and appointed judges have on the successful functioning of the Rule of Law. It is also the intention of the author to refute the claim made by Dr Eric Wilson in his statement "It is absolutely necessary for the successful functioning of the Rule of Law that the Judiciary be elected."
Rule of Law
The phrase the 'Rule of Law' is not easily defined and is often used in a number of different senses.…
