Perceptions Of The Independence Of Judges In Europe

Download Perceptions Of The Independence Of Judges In Europe full books in PDF, epub, and Kindle. Read online Perceptions Of The Independence Of Judges In Europe ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Perceptions of the Independence of Judges in Europe

Author : Frans van Dijk
Publisher : Springer Nature
ISBN 13 : 3030631435
Total Pages : 113 pages
Book Rating : 4.0/5 (36 download)

DOWNLOAD NOW!

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.

Challenged Justice: In Pursuit of Judicial Independence

Author : Shimon Shetreet
Publisher : BRILL
ISBN 13 : 9004421556
Total Pages : 588 pages
Book Rating : 4.0/5 (44 download)

DOWNLOAD NOW!

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.

Defending Checks and Balances in EU Member States

Author : Armin von Bogdandy
Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

DOWNLOAD NOW!

Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

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

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

DOWNLOAD NOW!

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.

Perceptions of the Independence of Judges in Europe

Author : Frans van Dijk
Publisher :
ISBN 13 : 9783030631444
Total Pages : pages
Book Rating : 4.6/5 (314 download)

DOWNLOAD NOW!

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 . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Dis-Appointments

Author : Mitchel de S.-O.-l'E. Lasser
Publisher : Oxford University Press, USA
ISBN 13 : 0198868855
Total Pages : 481 pages
Book Rating : 4.1/5 (988 download)

DOWNLOAD NOW!

Book Synopsis Judicial Dis-Appointments by : Mitchel de S.-O.-l'E. Lasser

Download or read book Judicial Dis-Appointments written by Mitchel de S.-O.-l'E. Lasser and published by Oxford University Press, USA. This book was released on 2020-10-08 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent reforms to their judicial appointments processes, with the result that many of the candidates proposed by Member State governments were rejected. This book examines the rationale behind these reforms from the point of view of the Member States.

The Dynamics of Judicial Independence

Author : Lorne Neudorf
Publisher : Springer
ISBN 13 : 3319498843
Total Pages : 262 pages
Book Rating : 4.3/5 (194 download)

DOWNLOAD NOW!

Book Synopsis The Dynamics of Judicial Independence by : Lorne Neudorf

Download or read book The Dynamics of Judicial Independence written by Lorne Neudorf and published by Springer. This book was released on 2017-02-22 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

Courts in Evolving Societies

Author : Ragna Aarli
Publisher : Chinese and Comparative Law
ISBN 13 : 9789004438156
Total Pages : 238 pages
Book Rating : 4.4/5 (381 download)

DOWNLOAD NOW!

Book Synopsis Courts in Evolving Societies by : Ragna Aarli

Download or read book Courts in Evolving Societies written by Ragna Aarli and published by Chinese and Comparative Law. This book was released on 2020-10 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The challenges courts face today all over the world can only be solved in close cooperation between judges and academics which crosses national borders. The anthology brings judges and academics together for a dialogue on judicial reforms. The book presents contributions by the judges on their judicial systems (China, Germany, Slovenia, England and Wales and Norway). The contributions by the academics take up different themes which have emerged in the country reports: The topics include comparative, normative and organisational perspectives on national court systems as well as international perspectives on courts as guarantors of individual rights in an increasingly globalised rule-of-law framework"--

Courts

Author : Martin Shapiro
Publisher : University of Chicago Press
ISBN 13 : 022616134X
Total Pages : 257 pages
Book Rating : 4.2/5 (261 download)

DOWNLOAD NOW!

Book Synopsis Courts by : Martin Shapiro

Download or read book Courts written by Martin Shapiro and published by University of Chicago Press. This book was released on 2013-11-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative work, Martin Shapiro proposes an original model for the study of courts, one that emphasizes the different modes of decision making and the multiple political roles that characterize the functioning of courts in different political systems.

Judicial Independence in Transition

Author : Anja Seibert-Fohr
Publisher : Springer Science & Business Media
ISBN 13 : 3642282997
Total Pages : 1367 pages
Book Rating : 4.6/5 (422 download)

DOWNLOAD NOW!

Book Synopsis Judicial Independence in Transition by : Anja Seibert-Fohr

Download or read book Judicial Independence in Transition written by Anja Seibert-Fohr and published by Springer Science & Business Media. This book was released on 2012-04-25 with total page 1367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.

Human Rights In The Administration Of Justice

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : New York and Geneva : United Nations
ISBN 13 : 9789211541410
Total Pages : 885 pages
Book Rating : 4.5/5 (414 download)

DOWNLOAD NOW!

Book Synopsis Human Rights In The Administration Of Justice by : United Nations. Office of the High Commissioner for Human Rights

Download or read book Human Rights In The Administration Of Justice written by United Nations. Office of the High Commissioner for Human Rights and published by New York and Geneva : United Nations. This book was released on 2003-12-01 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.

Judges : independence, efficiency and responsibilities – Recommendation CM/Rec(2010)12 and explanatory memorandum

Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9789287170729
Total Pages : 40 pages
Book Rating : 4.1/5 (77 download)

DOWNLOAD NOW!

Book Synopsis Judges : independence, efficiency and responsibilities – Recommendation CM/Rec(2010)12 and explanatory memorandum by : Council of Europe

Download or read book Judges : independence, efficiency and responsibilities – Recommendation CM/Rec(2010)12 and explanatory memorandum written by Council of Europe and published by Council of Europe. This book was released on 2011-01-01 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommendation CM/Rec(2010)12 on the independence, efficiency and responsi¬bilities of judges updates a recommendation that the Committee of Ministers of the Council of Europe adopted in 1994. These new rules aim to promote the role of judges, improve both their efficiency and independence and clarify their duties and responsibilities. They take account of the new ideas and practices that have emerged in member states' judicial systems since 1994.This recommendation places emphasis on the independence of every individual judge and of the judiciary as a whole. The notion of "internal independence", which aims at protecting judicial decisions from undue internal influences, is one of the important new elements of the recommendation. Judicial "efficiency" is defined in a clear and simple manner. Additional measures on the selection and training of judges, their responsibility, and judicial ethics seek to strengthen the role of individual judges and the judiciary in general.Overall, the recommendation represents a significant step forward in strengthening the protection of human rights and fundamental freedoms, as the manner in which judges exercise their judicial functions is crucial to the protection of these rights and freedoms.

The Judicial Function

Author : Joe McIntyre
Publisher : Springer Nature
ISBN 13 : 981329115X
Total Pages : 304 pages
Book Rating : 4.8/5 (132 download)

DOWNLOAD NOW!

Book Synopsis The Judicial Function by : Joe McIntyre

Download or read book The Judicial Function written by Joe McIntyre and published by Springer Nature. This book was released on 2019-09-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.

The Origin and Scope of the American Doctrine of Constitutional Law

Author : James Bradley Thayer
Publisher :
ISBN 13 :
Total Pages : 42 pages
Book Rating : 4.F/5 ( download)

DOWNLOAD NOW!

Book Synopsis The Origin and Scope of the American Doctrine of Constitutional Law by : James Bradley Thayer

Download or read book The Origin and Scope of the American Doctrine of Constitutional Law written by James Bradley Thayer and published by . This book was released on 1893 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Towards Juristocracy

Author : Ran Hirschl
Publisher : Harvard University Press
ISBN 13 : 9780674038677
Total Pages : 306 pages
Book Rating : 4.0/5 (386 download)

DOWNLOAD NOW!

Book Synopsis Towards Juristocracy by : Ran Hirschl

Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

EU Constitutional Law

Author : Koen Lenaerts
Publisher : Oxford University Press
ISBN 13 : 0198851596
Total Pages : 1025 pages
Book Rating : 4.1/5 (988 download)

DOWNLOAD NOW!

Book Synopsis EU Constitutional Law by : Koen Lenaerts

Download or read book EU Constitutional Law written by Koen Lenaerts and published by Oxford University Press. This book was released on 2022-01-16 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.

The Culture of Judicial Independence in a Globalised World

Author : Shimon Shetreet
Publisher : BRILL
ISBN 13 : 9004307087
Total Pages : 511 pages
Book Rating : 4.0/5 (43 download)

DOWNLOAD NOW!

Book Synopsis The Culture of Judicial Independence in a Globalised World by : Shimon Shetreet

Download or read book The Culture of Judicial Independence in a Globalised World written by Shimon Shetreet and published by BRILL. This book was released on 2016-11-07 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume The Culture of Judicial Independence in a Globalised World is an academic continuation of the previous three volumes: Judicial Independence: The Contemporary Debate, edited by Professor Shimon Shetreet and Chief Justice Deschenes (Brill/Nijhoff, 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Brill/Nijhoff, 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Brill/Nijhoff, 2014). This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence – both national and international.