The End of the World As They Knew It: Should Former Judges be denied Admission to the Bar after the Transition to Democracy?

6 (3) Revista Brasileira de Politicas Públicas/Brazilian Journal of Public Policy (2016), pp. 32-41

Posted: 27 Dec 2019

See all articles by Stefan Kirchner

Stefan Kirchner

University of Lapland, Arctic Centre

Date Written: June 20, 2015

Abstract

Judges who have worked in a non-political field, such as contract law, in an undemocratic system, might no longer be seen fit to work as judges after a country has transitioned to democracy. Nevertheless, they might have legal expertise in their specific area of practice which can be valuable for society. Using the example of the reunification of Germany in 1990 and the transition of judges from the former German Democratic Republic (East Germany) to the legal system of the unified Federal Republic of Germany, the author, formerly a practising lawyer in Germany, Visiting Professor for Transitional Justice at the University of Turin and Associate Professor of Fundamental and Human Rights at the University of Lapland, asks whether such judges ought to be admitted to the bar as attorneys in the new democratic legal system.

Keywords: attorneys, judges, bar admission, transitional justice, democracy

JEL Classification: K33

Suggested Citation

Kirchner, Stefan, The End of the World As They Knew It: Should Former Judges be denied Admission to the Bar after the Transition to Democracy? (June 20, 2015). 6 (3) Revista Brasileira de Politicas Públicas/Brazilian Journal of Public Policy (2016), pp. 32-41, Available at SSRN: https://ssrn.com/abstract=3499397

Stefan Kirchner (Contact Author)

University of Lapland, Arctic Centre ( email )

P.O. Box 122
Rovaniemi, Lapland 96101
Finland
+358404844001 (Phone)

HOME PAGE: http://www.ulapland.fi

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