Today: December 16, 2024
December 16, 2024
1 min read

Judicial career versus popular election

Judicial resistance

The election of judges and magistrates is an uncommon method in the world. The judicial systems of the world have opted for the judicial career and merit scheme.

There are few countries like the United States, Bolivia and Switzerland, where judicial officials are elected. Precisely in the case of Bolivia, which is closer to that proposed by the Morenoist government, last Sunday, December 15, elections were held to elect judges and magistrates.

The Bolivian case is paradigmatic because it has been highly influenced by political cliques. Thus, the appointment of judicial officials is left to the discretion of the political parties.

Regarding the judicial career method, it promotes judicial independence, since judges are usually selected for their experience and merits, which can contribute to greater judicial independence. Likewise, it is considered to allow the selection of highly qualified and experienced judges.

On the other hand, the system enables stability; appointed judges tend to have longer terms, which can provide stability to the judicial system.

While the popular election method encourages citizen participation, it allows citizens to have a direct voice in the selection of their judges, which can increase confidence in the judicial system.

Likewise, it could give greater responsibility. Judges elected by popular vote may be more accountable to the electorate.

In general, the methods described seek to strengthen the rule of law through a rigorous and transparent selection process that strengthens confidence in the judicial system; protection of human rights, since properly selected judges have the capacity to protect human rights and fundamental freedoms.

Finally, they aim to improve justice qualitatively, the election/selection of competent and responsible judges improves the administration of justice, which guarantees fair and equitable decisions.

Dear reader, the election of magistrates is crucial to the functioning of an effective and fair judicial system. Each method has its own advantages, and choosing the most appropriate one depends on the specific context and needs of the country in question.

However, in the world, direct election methods are scarcer and more questioned, that of the United States of America due to excessive private financing and that of Bolivia due to the suffocating interference of political parties over the Judiciary. Until next time.



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