1.
LAW DEVELOPMENT CENTRE
POST GRADUATE BAR COURSE
JUDICIAL CONDUCT
COMPARATIVE JUDICIAL SYSTEMS
H/w Prossy Katushabe
11/28/2022
Introduction
&
background
1

2.
England & Wales
• Judges in England and Wales are appointed by the Lord Chancellor upon
the recommendation of the Judicial Appointments Commission (JAC)
• The JAC was established as a public body by the Constitutional Reform
Act, 2005 and was operationalized on 2006. Prior to this the Lord
Chancellor had unfettered powers to appoint Judges in England and
Wales.
• The JAC advertises for vacancies in the courts of Judicature and applicants
submit a standard nine-page application form.
• Short listed candidates are subjected to an oral interview and assessed on
merit based on 5 criteria:
• Intellectual capacity;
• Personal qualities (integrity, independence, judgment, decisiveness,
objectivity, ability; willingness to learn);
• Ability to understand and deal fairly;
• Authority and communication skills; and
• Efficiency.
11/28/2022
Introduction
&
overview
2

3.
USA: FEDERAL Vs STATE
COURTS
• The primary distinction is that state and
local courts are authorized to hear cases
involving the laws and citizens of their
state or city, while federal courts decide
lawsuits between citizens of different
states, cases against the United States, and
cases involving specific federal laws.
11/28/2022
Introduction
&
background
3

4.
USA – Federal Judges
• Federal Judges are appointed by the President subject to
confirmation by the Senate
• Federal Judges serve at two levels
• The Supreme Court
• 13 Courts of Appeal (circuit courts)
• 94 US District Courts
• Federal Judges do not have a retirement age and serve for life (until
they resign, die or are removed from office for misbehaviour)
• As a rule of practice most federal Judges retire at the age of 80 –
preferably during the reign of the party of the President who
appointed them to office
• Process for removal is difficult and requires a conviction by the
Senate and impeachment by the House of Representatives
11/28/2022
Introduction
&
background
4

5.
USA – State Judges
• States (50) are empowered to appoint local State Judges and
appointment processes vary from State to State.
• Appointment – normally by the Governor with approval of the
legislature
• Merit selection by a Judicial Service Commission
• Partisan election where aspiring Judges run for office on party
tickets
• Non-partisan elections where aspiring Judges submit to election
without party affiliation
• Appointed/selected Judges serve until they attain retirement age
(normally 70)
• Term of office for elected Judges range from 6-10 years
11/28/2022
Introduction
&
background
5

6.
Russia
• Federal Judges are appointed by the Federation Council upon
the recommendation of the President
• Candidates are proposed to the President by the Judicial
Qualification College which is responsible for overseeing the
Judiciary in Russia and establishes minimum qualifications
• Judges must be at least 40 years of age and retire at the age of 70
• Regional and city court Judges are appointed by the Minister
of Justice
• District Judges are appointed directly by the President
• The Judiciary in Russia is perceived not to be independent
from the executive.
11/28/2022
Introduction
&
background
6

7.
Saudi Arabia
• The Judicial system is based on Sharia Law with the Qur’an as the
Constitution of the country
• Judges are appointed by the Supreme Judicial Council (SJC) – a body of
11 members under the supervision of the Minister of Justice
• The Head of the Supreme Court, Judges of the Supreme Court and the
Secretary of the SJC are appointed by the King.
• Courts hardly observe formal procedures – the country’s first Criminal
Procedure Code was introduced in 2001 and is largely ignored
• There is a close link between religion (Islam) and the state with religious
leaders exercising various judicial functions by virtue of their religious
offices – Judges are graduates of religious training institutes
• The Grand Mufti – the highest religious authority of the country is also
the Chief Justice
• Qadis and muftis preside over various courts
11/28/2022
Introduction
&
background
7

8.
Kenya
• The Chief Justice of Kenya is the head of the Judiciary and
President of the Supreme Court. He or she is appointed by the
country's President on the recommendation of the Judicial
Service Commission and subject to the approval of the
National Assembly.
• Other Judges need not be approved by the National Assembly
to be appointed by the President.
• The recruitment process of judges in Kenya is more rigorous
and open involving publicly televised interviews.
• Ref: Art.166 of the Constitution of Kenya
• NB: Difference in minimum years of experience to apply for
CJ/JSC/JA
11/28/2022
Introduction
&
background
8

9.
East African Community
• Personal research – Appointment of Judicial Officers in East
Africa (Kenya, Tanzania, Rwanda, Burundi)
11/28/2022
Introduction
&
background
9

10.
REVISION QUESTIONS
Examine the extent to which the Judicial Service Commission of
Uganda is;
a) independent in the process of recruitment and appointment
of judges in Uganda
b) able to discipline magistrates and judges
Critically examine the role of the Judicial Service Commission in;
a) recruitment of Judges
b) removal of Judges
11/28/2022
Introduction
&
background
10