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While women remain underrepresented in the judiciaries of all common law countries, they are increasingly outnumbering male judges in civil law countries. A number of scholars and policymakers explain this discrepancy with reference to the different methods by which judges are traditionally appointed in civil law and common law countries (“the professional path theory”). This Note explores the rationales underlying the professional path theory and adds another element to the equation. To explain the variance observed, this Note argues, the professional theory must be supplemented by an understanding of how women’s success in attaining judgeship is affected by the relative prestige enjoyed by the judicial profession in each country (“the prestige theory”).
