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As Justice Kate O’Regan notes in the Introduction to this book:
“Appointing independent, competent and trusted judges is central to
ensuring the rule of law in a democracy. The last few decades have
seen the establishment of judicial appointment committees in many
Commonwealth countries that have diminished the power of the
executive over the appointment of judges.” This book asks what
lessons can be learnt from the experience of the Judicial Service
Commission in South Africa and its counterparts elsewhere in the
Commonwealth. It contains in-depth studies of how judges are
appointed in the jurisdictions of Canada, England and Wales, Kenya,
Malaysia, Nigeria, and South Africa. It also presents the Cape Town
Principles on the Role of Independent Commissions in the Selection
and Appointment of Judges, which offer practical guidance both to
law reformers seeking to establish new judicial appointment
processes and to any existing commissions and committees wishing to
review the methods by which they select judges.
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