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

概要

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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.
2009-05-15