Archiwum
Filozofii Prawa
i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

IVR
  • About us
  • Aim & scope
  • News
  • Issues
    • Current Issue
    • Past Issues
  • Editorial board
    • Board Members
    • Reviewers
  • For authors
  • Ethics
  • Contact
  • Polski

Republican Party of Minnesota v. White as a Step Towards Greater Politicisation of the Judicial Election in the USA?

Dr Jacek Srokosz

University of Opole

Abstract: The article presents the US Supreme Court judgment issued in 2002 in case Republican Party of Minnesota v. White, in which the Court held unconstitutional the clauses which introduced restrictions in presenting the candidates’ views on controversial legal and social issues during the judicial election campaign in Minnesota. The article discusses the essence of the judicial election, the limitations for the candidates during electoral campaigns, and the general dispute about how judges are selected in the US. Against this background, the facts of the case, the decisions of the courts of first and second instances and of the Supreme Court are presented, as well as Antonin Scalia’s argumentation justifying the ruling and the dissenting opinions. The author’s goal is to analyse the Supreme Court’s ruling in the context of its critics’ forecasts that it would result in politicisation of the judicial election process leading to a lowering of the authority of the judiciary and the emergence of doubts about the impartiality and independence of judges.

Keywords: judicial election, politicisation, Republican Party of Minnesota v. White, impartiality and independence of judges, accountability of judges, freedom of speech, electoral campaign

Language: Polish

Received: 13.06.2018
Accepted: 10.09.2018

Published: Number 3(18)/2018, pp. 51-63.

Download file: Download
Number of downloads: 104

Filed Under: Articles Tagged With: accountability of judges, electoral campaign, freedom of speech, impartiality and independence of judges, Jacek Srokosz, judicial election, politicisation, Republican Party of Minnesota v. White

Szukaj

Categories

  • Articles
  • Bez kategorii
  • Editorial
  • In Memoriam
  • News
  • Reports
  • Reviews and discussions

Keywords

legal status of animals deliberative democracy cognitive bias Dominika Bek Łukasz Mirocha civil law memory laws Arrow’s paradox Błażej Kmieciak history of the profession of legal advisor human being political philosophy freedom of assembly Justyna Jezierska the subject matter of legal sciences professional self-governments cooperativisim ius et lex public subjective rights financial market interpretation ontologically creative responsibility of a professional philosophy of law legal education Eemil Lagerspetz political radosław zyzik distributive justice journalist one right answer moral reasoning Polish Supreme Court judicial discretion public legitimacy judicial review (of constitutionality of statutes) philosophy of criminal law Marek Jakubiec vagueness abominable law scientific study of law legislative materials political responsibility Adrian Zając nonfactualism morality professional competence theory of law a contrario sincerity principle monkey trial

Copyright © 2023 Polska Sekcja Międzynarodowego Stowarzyszenia Filozofii Prawa i Filozofii Społecznej IVR | Administrator strony: Karolina Gmerek

Ta strona używa plików cookies. Zakładamy, że wyrażają Państwo na to zgodę, ale mogą Państwo także wyłączyć pliki cookies w Ustawieniach. //
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. (Zob. więcej // Read more) Ustawienia // SettingsZGODA // ACCEPT

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT