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How Conservative Is Judicial Power? (From Magistraat in de st(r)aat, P 48-56, 1979 - See NCJ-88329)

NCJ Number
88332
Author(s)
H Verveij-Jonker
Date Published
1979
Length
9 pages
Annotation
This article documents the basic conservatism of Dutch judges and evaluates the significance of that conservatism and possible means of altering the conservative stance.
Abstract
Study results show that the Dutch judiciary encompasses very few individuals from the working class, almost no members of progressive parties, and a slight predominance of Roman Catholics. The judiciary thus represents a highly organized homogenous group of professionals that diverges markedly from the remainder of the Dutch populace. This situation results from a self-selection process inherent in the education system: children destined for university enter appropriate high schools, where both girls and workers' children are underrepresented. Furthermore, females tend to drop out of the university more often than males; children whose parents have studied at the university are more likely to do so than the children of less educated parents. Also, many advanced law students who are politically progressive choose not to enter the ranks of judges because the process of selecting candidates for the judiciary excludes those with radical tendencies. The Dutch judiciary should be made an institution representative of the people and the selection process for judges should be democratized. Notes are supplied.

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