アメリカにおける裁判官選挙の規制と合衆国憲法修正一条  [in Japanese] Regulation of Judicial Election and First Amendment in America  [in Japanese]

Abstract

In the United States, there are 39 states which select judges through public election. The greatest reason for selecting a judge election is to make them accountable to the citizens. The court is judging also about the political issue positively in recent years. Therefore, citizens came to think that they want to know the judicial view and political view of the judge who makes a political judgment. The announcement of the candidate in an election period serves as means which get to know a judge for a citizen. However, a judge has a request of "Judicial Independence" of being restrained by only law and the constitution. Therefore, it was going to secure independence of the jurisdiction by limiting the contents which speak during the election to judge nature. This paper is dealt with the example of Minnesota where the judge candidate's speech was restricted in order to secure Judicial Independence. And it is examined whether speech restrictions of a judge candidate conform to U.S. Const. first amendment. Moreover, the problem of one with desirable electing a judge how was also raised ignited by this example. These problems are also examined.

Journal

The Japanese journal of law and political science   [List of Volumes]

The Japanese journal of law and political science 45(2), 85-108, 2009-05-15  [Table of Contents]

The Japan Association of Legal and Political Sciences

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Codes

  • NII Article ID (NAID) :
    110007360853
  • NII NACSIS-CAT ID (NCID) :
    AA11995752
  • Text Lang :
    JPN
  • ISSN :
    03865266
  • NDL Article ID :
    10393159
  • NDL Source Classification :
    ZA11(政治・法律・行政--法律・法律学) // ZA2(政治・法律・行政--政治学)
  • NDL Call No. :
    Z2-616
  • Databases :
    NDL  NII-ELS