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10 - Litigating Judicial Selection

Another Example of American Exceptionalism

Published online by Cambridge University Press:  27 February 2024

Herbert M. Kritzer
Affiliation:
University of Minnesota
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Summary

The concluding chapter starts by very briefly summarizing key patterns in the litigation over judicial selection and then returns to the de Tocqueville quote and the issue of American exceptionalism. To assess the exceptionalism question, the chapter includes a discussion of litigation over judicial selection outside the United States, finding that it occurs in very few countries and where it does occur, is generally very limited. One exception is the recent burst of litigation in international courts over judicial selection in Poland. Another possible exception is Israel where there has been litigation concerning several judicial selection issues. Overall, the chapter concludes that American exceptionalism in litigation over judicial selection does not lie in the existence of such litigation but in the frequency of that litigation.

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Publisher: Cambridge University Press
Print publication year: 2024

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