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A critique of judicial tenure
ISSN: 2545 - 8817
Publisher: author
A critique of judicial tenure
Indexed in
Law and Political Sciences
ARTICLE-FACTOR
1.3
Article Basics Score: 3
Article Transparency Score: 3
Article Operation Score: 3
Article Articles Score: 3
Article Accessibility Score: 3
SUBMIT PAPER ASK QUESTION
International Category Code (ICC):
ICC-1002
Publisher: Universidad De San Andrés
International Journal Address (IAA):
IAA.ZONE/2545115388817
eISSN
:
2545 - 8817
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Abstract
In this paper we argue that, in light of the purpose that justifies article 99.4of the National Constitution, it should be modified. From the age of 60, humans begin a process of deterioration that affects cognitive abilities that are fundamental for judges to exercise their function adequately. The system should implement some mechanism that prevents judges whose cognitive abilities have been affected by age from remaining in office. We understand that the article mentioned promotes a deficient mechanism, since the age limit of 75 years established is very high, consideringthat theprocess of cognitive impairment starts earlier. Also, it is a mechanism that does not adequately filter judges whose cognitive abilities have been affected since it does not incorporate neurological tests.Therefore, it should be modified so that (i) the age from which federal judges require a new appointment is 60 instead of 75; and that (ii) it is a necess...
