Abstract
This article gives an overview of the legal system of Switzerland and then compares the judiciaries of Switzerland and New Zealand. As far as Switzerland is concerned, it covers both the system of the Swiss Federation and the systems in the cantons. After analysing the powers enjoyed by the judiciary via the legislature, the article examines the appointment of judges in detail. The author explains how, in Switzerland, openly political and other considerations are weighed in the course of electing judges and how the appointment of lay judges is balanced with an active role of law clerks. In contrast, New Zealand has a proud tradition of apolitical judicial appointments that are made solely based on merit. The author criticises that Swiss judges are elected for a term of office, whereas New Zealand judges enjoy the security of tenure and thus, a greater judicial independence. Lastly, the article covers the removal and discipline of judges, where the author, while he commends the recent reform in New Zealand, he advocates for a system where the ultimate decision is given to an independent judicial body rather than a parliament.
Highlights
The author criticises that Swiss judges are elected for a term of office, whereas New Zealand judges enjoy the security of tenure and a greater judicial independence
This paper aims to compare the judiciaries of New Zealand and Switzerland focusing on two selected topics: appointment of judges and discipline and removal of judges
Most New Zealand judges are appointed by the Governor-General following the advice of the Attorney-General, who selects a candidate based on merit
Summary
This paper aims to compare the judiciaries of New Zealand and Switzerland focusing on two selected topics: appointment of judges and discipline and removal of judges. For the benefit of the reader unfamiliar with Switzerland’s legal and political systems this paper begins with displaying their main features, as understanding them is a prerequisite to understanding many of the issues covered in this paper It compares first the two countries’ court structure and the powers granted to the respective judiciaries. Given that English is not an official language of Switzerland, these translations have no legal force and are for information purposes only They are published on the official website of the Federation together with the official versions of the acts, which is why they are hereinafter referred to as “semi-official” translations. Whenever such an English translation of a Federal act is available, this paper will make use of it and indicate it in a footnote
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