Nations that divide the branches of government typically have a supreme court that makes final decisions on the constitutionality or suitability of the acts of the legislative and executive branches of government. However, the selection of the judges or justices on the supreme court is a delicate issue. Who should serve? Once appointed, should they serve permanently until they die or resign, have a mandatory retirement age, be subject to reappointment from time to time, or serve a fixed and non-renewable term? A number of nations approach this issue in different ways,

United States Supreme Court: Executive selection, Legislative Approval.
The President nominates justices, who must be approved by the Senate, the upper house of the legislative branch. The president unilaterally appoints the chief justice when the incumbent chief justice dies or resigns.

British Lord of Appeal in Ordinary: Constituted from only the Upper House.
The Lord of Appeal in Ordinary is constituted of members of the House of Lords. A new supreme court will be established shortly, following the 2005 constitutional reforms.

Federal Constitutional Court of Germany: Selection by the Legislative Branch.
Judges are elected by the Bundestag and the Bundesrat houses of the legislature. Each of these bodies selects four members of the two “Senates” that compose the court. The authority to select the Court’s President alternates between the two houses. The selection of a judge requires a two-third majority. As an interesting matter of fact, the Bundestag has delegated the voting task to a special judges election board, consisting of a small number of Bundestag members.

France Constitutional Council: Selection by the Executive and Legislative Branches.
The council is made up of nine members who serve non-renewable terms of 9years, one third of whom are appointed every 3years; three members each are appointed by the president of the Republic, the president of the National Assembly, and the president of the Senate. Former presidents of the Republic who have chosen to sit in the council (which they may not do if they become directly involved in politics). The president of the Council is selected by the president of the Republic.

Constitutional Court of Italy: Selection by All Three Branches.
The legislature, judiciary, and President each select one-third of the justices on a proportional basis. The justices select from amongst themselves a Court President, who serves a three year term and may be reelected.

Japan Supreme Court: Executive Selection, Public Dismissal Right.
Justices are selected by the Cabinet and authorized by the Emperor, and the Chief Justice is nominated by the Cabinet and selected by the Emperor, although in practice the Emperor has no authority in this matter. After selection, justices subject to a one-time approval process by the people at the next lower house election, and are dismissed if a majority of voters write an “x” by the justice’s name.

Korean Supreme Court: Executive Selection, Legislative Approval, Judicial Recommendation.
The Chief Justice is appointed by the President with the consent of the National Assembly and serves a non-renewable term of six years. The 13 other Justices are appointed by the President on the recommendation of the Chief Justice and the consent of the National Assembly, and serve renewable terms of six years.

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