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Judicial Appointments and Judicial Independence

This paper discusses the concept of judicial independence and its relationship to the system of judicial appointments, discipline, and removal. After a general discussion, the paper concludes with some remarks on the situation in Iraq. The systems of judicial appointment discussed include: 1. appointment by political institutions, 2. appointment by the judiciary itself, 3. appointment by a judicial council (which may include non-judge members), and 4. selection through an electoral system. In discussing each of these models as well as the various models available to address the removal and discipline of judges, the paper provides a theoretical discussion as well as a discussion through the lens of specific country examples. Keywords: Issue/Option Paper, Judiciary, Judicial, Judicial Independence, Judiciary Independence, Judicial Selection and Removal, Example.

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