In the past twenty-five years, Ireland has moved from a traditional common law model of judicial administration, in which key aspects of judicial careers and administration were handled informally and politically, to a much more formal system designed along European lines. This transition is driven by Irish judges and politicians and influenced heavily by EU and Council of Europe soft law on judicial independence and the rule of law. In this article I sketch an outline of judicial institutions in Ireland before focusing on two topics that exemplify the transition: Judicial conduct and judicial appointments. I argue that the move to formalize judicial administration in Ireland is rooted in a desire to follow best practice but also to avoid politically difficult reforms in other areas.

We evaluate the politics of interim judicial appointments at the state level. Although nominating commissions have been established to promote merit-based selection, we argue that governor-applicant ideological concordance and financial support for a governor’s campaigns increase one’s odds of being appointed. We focus on the impact of political factors, as well as the qualifications of prospective judges. We analyze over 4,000 applications to fill interim judicial vacancies in Georgia from 1991 to 2014. Our findings indicate that ideological proximity and campaign donations to the governor increased the likelihood of appointment to the bench with their influence overpowering some indicators of competence.

In this paper, I create a simulation model that predicts the portfolio of judges the president chooses to fill vacancies in the judiciary. I find that the president’s strategy in terms of appointments depends on constraint from the Senate, the talent pool of possible judges to appoint, the ideology of the courts in the judiciary, and the number of vacancies to be filled. The model is successful in replicating results that have been found in previous research, while also generating new hypotheses about previously unexplored aspects of the appointment process.

This article explores normative arguments for mandatory judicial bilingualism. It disentangles the links between the normative reasons advanced for mandatory bilingualism and the correlative level of French that should be expected of judges. To provide empirical anchoring, we construct a bilingualism score of Canadian Supreme Court justices composed of four indicators. The score shows that non-systematic assessments used so far like self-assessments, parliamentary hearings and media coverage are not reliable instruments to predict the level of use of French on the Supreme Court. Also, the score suggests that institutional dynamics have an impact worth studying in more depth. Ultimately, the measurement of functional bilingualism depends first on which linguistic capacity is being measured. This, in turn, depends on the normative reasons supporting the requirement of functional bilingualism. Instead of asking whether French should be mandatory upon appointment, it might be more productive to ask how much French should be required.

The revelation, via a leaked draft, that the Supreme Court of the United States was going to overturn the landmark decision in Roe v. Wade (1973) sparked immediate questions about whether a similar retrenchment of abortion rights could occur in Canada. Key legal, structural, and political cultural factors mitigate the forces of American-style erosion of norms on the Supreme Court of Canada and in our broader politics surrounding abortion rights. Despite this generally optimistic comparative context, complacency about the status of abortion rights in Canada would be unwise. This short Currents article canvasses factors crucial for not only preserving the policy status quo in criminal law (that is, the absence of criminal law abortion regulation in Canada), but also for advancing the scope of abortion rights in the positive sense, as serious barriers to access persist at the provincial level.