Commentary
Article Abstract:
Revising state judicial selection procedures to promote judicial independence is not enough because even judges with life tenure can be hampered by legislative action. The values served by judicial independence must be made known. The public must learn of the injustices that can and do result and the importance of an independent judiciary with the will to make decisions not supported by the majority of citizens. The Antiterrorism and Effective Death Penalty Act narrowed federal habeas corpus review and shackled judges, even though they have life tenure.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1997
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Commentary
Article Abstract:
Judges must be willing to stand up to public criticism, and public outcry over judicial decisions can be constructive, though calls for impeachment or resignation based on individual decisions are inappropriate. Judges must follow precedent and act reasonably, and they must be able to withstand scrutiny from the public and the legislative branch. Popular response to rulings can lead to legislative action that addresses important issues.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1997
User Contributions:
Comment about this article or add new information about this topic: