Book contents
- Litigating Judicial Selection
- Litigating Judicial Selection
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Preface and Acknowledgments
- Abbreviations
- 1 Fighting over Judicial Selection
- 2 Litigation over Federal Judicial Selection
- 3 Litigation concerning State Judicial Selection
- 4 Challenging and Changing State Judicial Selection
- 5 Selection Preliminaries
- 6 Election Processes
- 7 Election Administration and Election Contests
- 8 Nonelective Systems
- 9 Other Cases
- 10 Litigating Judicial Selection
- Lists of Cases and Other Authorities
- Index
10 - Litigating Judicial Selection
Another Example of American Exceptionalism
Published online by Cambridge University Press: 27 February 2024
- Litigating Judicial Selection
- Litigating Judicial Selection
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Preface and Acknowledgments
- Abbreviations
- 1 Fighting over Judicial Selection
- 2 Litigation over Federal Judicial Selection
- 3 Litigation concerning State Judicial Selection
- 4 Challenging and Changing State Judicial Selection
- 5 Selection Preliminaries
- 6 Election Processes
- 7 Election Administration and Election Contests
- 8 Nonelective Systems
- 9 Other Cases
- 10 Litigating Judicial Selection
- Lists of Cases and Other Authorities
- Index
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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- Litigating Judicial Selection , pp. 244 - 264Publisher: Cambridge University PressPrint publication year: 2024