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Technology

The Politics of Judicial Appointment and De Facto Court Independence

Quick fact

In the United States, federal judges are nominated by the president and confirmed by the Senate, often leading to judges who are politically aligned with the appointing party. In Germany, judges are chosen by an independent judicial selection committee, resulting in more consensus-oriented judges and higher perceived de facto independence.

Why this is interesting

What if a country's courts are independent on paper, but in practice judges always rule in favor of the government? The real power of judges is not written in laws—it's shaped by how they were appointed.