the insufficiency of electron or appointment
Posted: Mon Aug 29, 2022 5:02 am
Neither election or appointment is sufficiently rigorous for positions of high power such as judgeships. They may be used appropriately only as a stop-gap, in emergencies, or particularly to choose between otherwise sufficient options. The basic requirements for the position must be particular, necessary, explicit, clear and obvious, and the selection of "best" can never be arbitrary or capricious. The actual best person for the job cannot be known and should not be attempted, except that best practices, well established, might limit sufficient options to one or none.