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Independence Of The Judiciary
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Book Synopsis The Separation of Powers in the Contemporary Constitution by : Roger Masterman
Download or read book The Separation of Powers in the Contemporary Constitution written by Roger Masterman and published by Cambridge University Press. This book was released on 2010-12-02 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
Book Synopsis The Culture of Judicial Independence by : Shimon Shetreet
Download or read book The Culture of Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 2014-09-12 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an in depth analysis of current issues of culture of judicial independence in comparative perspective by senior academics, judges and practitioners across jurisdictions. It deals with central topics that stand high in the academic and public discourse on the role of judges in society and in the system of government, their constitutional position, and the relations between top domestic courts and international and supra-national courts.
Book Synopsis The Limits of Judicial Independence by : Tom S. Clark
Download or read book The Limits of Judicial Independence written by Tom S. Clark and published by Cambridge University Press. This book was released on 2010-11-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.
Book Synopsis Judicial Independence at the Crossroads by : Stephen B Burbank
Download or read book Judicial Independence at the Crossroads written by Stephen B Burbank and published by SAGE. This book was released on 2002-04-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a collection of essays on the contentious issues of judicial independence and federal judicial selection, written by leading scholars from the disciplines of law, political science, history, economics, and sociology.
Book Synopsis Judicial Independence in China by : Randall Peerenboom
Download or read book Judicial Independence in China written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2009-11-23 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
Book Synopsis The Politics of Judicial Independence in the UK's Changing Constitution by : Graham Gee
Download or read book The Politics of Judicial Independence in the UK's Changing Constitution written by Graham Gee and published by Cambridge University Press. This book was released on 2015-03-12 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.
Book Synopsis Perceptions of the Independence of Judges in Europe by : Frans van Dijk
Download or read book Perceptions of the Independence of Judges in Europe written by Frans van Dijk and published by Springer Nature. This book was released on 2020-12-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.
Book Synopsis Judicial Independence in Context by : Adam Dodek
Download or read book Judicial Independence in Context written by Adam Dodek and published by . This book was released on 2010 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Independence in Context is a collection of essays by leading scholars, lawyers, and judges that examines both the theory and practice of judicial independence in Canada and around the world. Contributors assess the legacy of the Supreme Court of Canada's controversial landmark decision in the Provincial Judges Reference while other essays address the need for institutional reform in Canada outside the salary remuneration setting in the areas of court administration and judicial appointments. The book also examines linkages between judicial independence and other issues such as diversity, social context education for judges, public criticism of judges, public policy, and technology. Other contributions examine issues of judicial independence in the United Kingdom, the United States, South Africa, Israel, and Pakistan.
Book Synopsis The Politics of Judicial Independence by : Bruce Peabody
Download or read book The Politics of Judicial Independence written by Bruce Peabody and published by JHU Press. This book was released on 2011 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Winner of the Selection for Professional Reading List of the U.S. Marine Corps The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.
Book Synopsis The Politics of the Judiciary by : John Aneurin Grey Griffith
Download or read book The Politics of the Judiciary written by John Aneurin Grey Griffith and published by Manchester University Press. This book was released on 1977 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Culture of Judicial Independence by : Shimon Shetreet
Download or read book The Culture of Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 2011-11-11 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.
Book Synopsis Asia-Pacific Judiciaries by : H. P. Lee
Download or read book Asia-Pacific Judiciaries written by H. P. Lee and published by Cambridge University Press. This book was released on 2018 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Book Synopsis Judicial Independence in the Age of Democracy by : Peter H. Russell
Download or read book Judicial Independence in the Age of Democracy written by Peter H. Russell and published by University of Virginia Press. This book was released on 2001 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.
Download or read book Without Fear or Favor written by G. Tarr and published by Stanford University Press. This book was released on 2012-09-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning conceptions of judicial independence and accountability emerged, and when and how did conflict over them develop? In part, the analysis is theoretical: what is the proper understanding of judicial independence and accountability? Tarr concludes the book by identifying the challenges to state-level judicial independence and accountability that have emerged in recent decades, assessing the solutions offered by the competing sides, and offering proposals for how to strike the appropriate balance between independence and accountability.
Book Synopsis Challenged Justice: In Pursuit of Judicial Independence by : Shimon Shetreet
Download or read book Challenged Justice: In Pursuit of Judicial Independence written by Shimon Shetreet and published by BRILL. This book was released on 2021-08-24 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Book Synopsis Fair Trial and Judicial Independence by : Attila Badó
Download or read book Fair Trial and Judicial Independence written by Attila Badó and published by Springer Science & Business Media. This book was released on 2013-10-23 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.
Book Synopsis Curbing the Court by : Brandon L. Bartels
Download or read book Curbing the Court written by Brandon L. Bartels and published by Cambridge University Press. This book was released on 2020-08-20 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.
