Pozen, David E. “Judicial Elections as Popular Constitutionalism,” 110 Colum. L. Rev. 2047 (2010). (SSRN)

May 9, 2012

This article uses the normative theory of popular constitutionalism as a foundation for new arguments for and against an elective judiciary.

  • Judicial Election

    Judges are elected by popular vote.

  • Democratic Appointment

    Judges are appointed directly by a democratic body, or appointed by the governor with the advice and consent of some democratic body.