Perils of Judicial Self-Government in Transitional Societies

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Publisher : Cambridge University Press
ISBN 13 : 1107112125
Total Pages : 487 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Perils of Judicial Self-Government in Transitional Societies by : David Kosař

Download or read book Perils of Judicial Self-Government in Transitional Societies written by David Kosař and published by Cambridge University Press. This book was released on 2016-04 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

Without Fear or Favor

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Publisher : Stanford University Press
ISBN 13 : 9780804760393
Total Pages : 0 pages
Book Rating : 4.7/5 (63 download)

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Book Synopsis Without Fear or Favor by : G. Tarr

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.

Without Fear or Favor

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Author :
Publisher : Stanford University Press
ISBN 13 : 0804783500
Total Pages : 280 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Without Fear or Favor by : G. Alan Tarr

Download or read book Without Fear or Favor written by G. Alan Tarr and published by Stanford University Press. This book was released on 2012-09-19 with total page 280 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.

Independence and Accountability of the Higher Indian Judiciary

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Publisher : Cambridge University Press
ISBN 13 : 1108626998
Total Pages : 338 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Independence and Accountability of the Higher Indian Judiciary by : Arghya Sengupta

Download or read book Independence and Accountability of the Higher Indian Judiciary written by Arghya Sengupta and published by Cambridge University Press. This book was released on 2019-05-23 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court of India is a powerful institution at the forefront of public attention in India. It is often engaged in a bitter duel with the government on issues as diverse as the administration of cricket in India to whether liquor shops are allowed on highways. Despite such public prominence, very little attention has been paid to who the judges of the Supreme Court are, how they are appointed, transferred and removed, and what they do after retirement. This book provides an account of these four facets of judicial functioning and analyses the processes in operation today. It argues that each of these four aspects gives rise to significant concerns pertaining to judicial independence, accountability, or both. Its main argument is that both judicial independence and accountability are necessary for 'an effective judiciary', and these two values are not in conflict with each other as is commonly assumed.

Transitional Justice, Judicial Accountability and the Rule of Law

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Author :
Publisher :
ISBN 13 : 0415575354
Total Pages : 204 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Transitional Justice, Judicial Accountability and the Rule of Law by : Hakeem Yusuf

Download or read book Transitional Justice, Judicial Accountability and the Rule of Law written by Hakeem Yusuf and published by . This book was released on 2010 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A GlassHouse book".--T.p.

Judicial Accountability

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Publisher : Prabhat Prakashan
ISBN 13 : 8184301650
Total Pages : 104 pages
Book Rating : 4.1/5 (843 download)

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Book Synopsis Judicial Accountability by : Kalraj Mishra

Download or read book Judicial Accountability written by Kalraj Mishra and published by Prabhat Prakashan. This book was released on 2013-01-01 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: An independent; impartial and authoritative judiciary is an integral part of our judicial system. We require judges who maintain high standards of judicial behaviour to uphold the rule of law and inspire the public confidence in judicial system. This book contains the process of judicial appointments as the same lack transparency. It also analyses various aspects of judicial appointment and impeachment process for removal of corrupt and inefficient judges in view of outcome of impeachment proceedings against Justice Ramaswamy. The writer has suggested for setting up of a Judicial Commission for looking after appointments; transfers and disciplinary proceedings against errant judges. It also contains a review on crime against women and role of different organs in providing justice to common litigants. Pendeney of large number of cases and inordinate delay in disposal of cases are cause of concern for every law-knowing person in the country. The growing tendency of judicial activism is most controversial issue and matter of debate. An effort has been made to find the answers of these vital issues. The book will make a unique contribution to the legal literature and prove to be very informative to every law-loving person of our society.

Independence and Accountability of the Higher Indian Judiciary

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108485650
Total Pages : 336 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Independence and Accountability of the Higher Indian Judiciary by : Arghya Sengupta

Download or read book Independence and Accountability of the Higher Indian Judiciary written by Arghya Sengupta and published by Cambridge University Press. This book was released on 2019-05-23 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an account of appointments, transfers, impeachment, and post-retirement employment of Supreme Court judges in India. Each of these facets leads to the critical questioning of judicial independence and accountability, and the book argues that they are not in conflict with each other and are crucial for an effective judiciary.

Judges and Judicil Accountabiblity

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Publisher :
ISBN 13 : 9788175343771
Total Pages : 284 pages
Book Rating : 4.3/5 (437 download)

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Book Synopsis Judges and Judicil Accountabiblity by : Cyrus Das

Download or read book Judges and Judicil Accountabiblity written by Cyrus Das and published by . This book was released on 2005-04-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judges and Judicial Accountability

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Author :
Publisher :
ISBN 13 : 9789832735007
Total Pages : 284 pages
Book Rating : 4.7/5 (35 download)

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Book Synopsis Judges and Judicial Accountability by :

Download or read book Judges and Judicial Accountability written by and published by . This book was released on 2003 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an eclectic compilation of views from across the common law world. The issues are discussed from the perspective of the challenges encountered by the justice system in developed societies and devloping countries. Among the issues considered are matters relating to judicial decision-making in plural societies, conflicts of interest among judges, questions of judicial corruption, and types of accountability mechanisms for judges. An important contribution is the discussion on the Latimer House Guidelines on Parliamentary Supremacy and Judicial Independence which is today gaining wider recognition from the Commonwealth judiciaries.

Judicial Integrity

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Author :
Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Judicial Integrity by :

Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

Democratization and the Judiciary

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Author :
Publisher : Psychology Press
ISBN 13 : 9780714655680
Total Pages : 228 pages
Book Rating : 4.6/5 (556 download)

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Book Synopsis Democratization and the Judiciary by : Siri Gloppen

Download or read book Democratization and the Judiciary written by Siri Gloppen and published by Psychology Press. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.

The Politics of Judicial Independence in the UK's Changing Constitution

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Publisher : Cambridge University Press
ISBN 13 : 1316240533
Total Pages : 307 pages
Book Rating : 4.3/5 (162 download)

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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.

Regulating Judges

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786430797
Total Pages : 448 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Regulating Judges by : Richard Devlin

Download or read book Regulating Judges written by Richard Devlin and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Richard Devlin and Adam Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.

Judges on Trial

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Publisher : North-Holland
ISBN 13 :
Total Pages : 464 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judges on Trial by : Shimon Shetreet

Download or read book Judges on Trial written by Shimon Shetreet and published by North-Holland. This book was released on 1976 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transitional Justice, Judicial Accountability and the Rule of Law

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Author :
Publisher : Routledge
ISBN 13 : 1136971637
Total Pages : 412 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Transitional Justice, Judicial Accountability and the Rule of Law by : Hakeem O. Yusuf

Download or read book Transitional Justice, Judicial Accountability and the Rule of Law written by Hakeem O. Yusuf and published by Routledge. This book was released on 2010-04-29 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions – an important aspiration of transitional processes – is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process.

Judicial Accountabilities in New Europe

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Author :
Publisher : Routledge
ISBN 13 : 1317110102
Total Pages : 280 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Judicial Accountabilities in New Europe by : Daniela Piana

Download or read book Judicial Accountabilities in New Europe written by Daniela Piana and published by Routledge. This book was released on 2016-05-06 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on a highly challenging aspect of all European democracies, namely the issue of combining guarantees of judicial independence and mechanisms of judicial accountability. It does so by filling the gap in European scholarship between the two policy sectors of enlargement and judicial cooperation and by taking full stock of an interdisciplinary literature, spanning from comparative politics, socio-legal studies and European studies. Judicial Accountabilities in New Europe presents an insightful account of the judicial reforms adopted by new member States to embed the principle of the rule of law in their democratic institutions, along with the guidelines of quality of justice promoted by European institutions in all member States.

Committed to Justice

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Publisher : Administrative Office of U.S. Courts
ISBN 13 :
Total Pages : 362 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Committed to Justice by : Larry L. Sipes

Download or read book Committed to Justice written by Larry L. Sipes and published by Administrative Office of U.S. Courts. This book was released on 2002 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: