The Evolution of the Independence of the Judiciary

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Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Evolution of the Independence of the Judiciary by : Hampton Lawrence Carson

Download or read book The Evolution of the Independence of the Judiciary written by Hampton Lawrence Carson and published by . This book was released on 1914 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Culture of Judicial Independence

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004257810
Total Pages : 600 pages
Book Rating : 4.0/5 (42 download)

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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 2015-01-27 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.

The Dynamics of Judicial Independence

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

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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.

A Distinct Judicial Power

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Publisher : Oxford University Press, USA
ISBN 13 : 0199765871
Total Pages : 436 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis A Distinct Judicial Power by : Scott Douglas Gerber

Download or read book A Distinct Judicial Power written by Scott Douglas Gerber and published by Oxford University Press, USA. This book was released on 2011-05-05 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides a comprehensive critical analysis of the origins of judicial independence in the United States. The book examines the political theory of an independent judiciary and chronicles how each of the original 13 states and their colonial antecedents treated their respective judiciaries.

Judicial Independence and the Federal Courts

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781541389755
Total Pages : 26 pages
Book Rating : 4.3/5 (897 download)

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Book Synopsis Judicial Independence and the Federal Courts by : Federal Judicial Federal Judicial Center

Download or read book Judicial Independence and the Federal Courts written by Federal Judicial Federal Judicial Center and published by Createspace Independent Publishing Platform. This book was released on 2017-01-01 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: This teaching module was developed by the Federal Judicial Center to support judges and court staff who want to speak to various groups about the history of an independent federal judiciary. It focuses on historical debates about judicial independence. Other modules in this series examine the constitutional origins of the judiciary and the development of the federal court system. Each module includes four components: background discussion to serve as talking points; a PowerPoint presentation that can be downloaded to provide a visual guide to the speaker's remarks; a list of suggested discussion topics; and selections from historical documents that can be used in discussion with the audience or incorporated in the speaker's remarks.

Evolution of Indian Judiciary

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Publisher : Prabhat Prakashan
ISBN 13 : 8184301278
Total Pages : 376 pages
Book Rating : 4.1/5 (843 download)

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Book Synopsis Evolution of Indian Judiciary by : Dr Lm Singhvi

Download or read book Evolution of Indian Judiciary written by Dr Lm Singhvi and published by Prabhat Prakashan. This book was released on 2012-01-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial institutions evolved in India in the context of India’s social, economic and political conditions and because of the reception of legal concepts and institutions known to English and Scottish judges, lawyers and administrators. Modern Indian judiciary bears the hallmarks of its genesis and evolution during the British rule but it has progressively gone for beyond the colonial confines after the republican Constitution came into force. The theme of fundamental Rights and the role of the Supreme Court and the High Courts as vigilant custodians of fundamental rights are at the heart of India’s constitutional democracy. We owe a deep debt of gratitude to our apex judicature, the higher judiciary and the country’s bar in the evolution of the common law of the Constitution. It constitutes by common consent a remarkable chapter in our national life. H v H The Constitution of India is not the last word in human wisdom, but it was certainly a glorious achievement of national consensus and national commitment. The higher Indian judiciary can be said to have broadly fulfilled its constitutional ethos. There have been aberrations, notably during the Emergency and in some cases, of overstating and unduly enlarging the scope of judicial power. More seriously, there are grave and growing problems of inefficient case management, arrears, delays, corruption and incompetence. Those issues have to be addressed urgently, effectively and comprehensively if the Indian judiciary is to emerge as a fit instrument for Rule of Law for the teeming millions in the largest democracy in the world and if the Indian judiciary is to flourish in the twenty-first century holding its head high as an institution of freedom, liberty and balance, with a commitment to the constitutional goals and aspirations of We the People of India.

Judicial Independence in China

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Publisher : Cambridge University Press
ISBN 13 : 1107375584
Total Pages : 440 pages
Book Rating : 4.1/5 (73 download)

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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.

The People’s Courts

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Publisher : Harvard University Press
ISBN 13 : 9780674055483
Total Pages : 0 pages
Book Rating : 4.0/5 (554 download)

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Book Synopsis The People’s Courts by : Jed Handelsman Shugerman

Download or read book The People’s Courts written by Jed Handelsman Shugerman and published by Harvard University Press. This book was released on 2012-02-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. In the past decade, this peculiarly American institution has produced vicious multi-million-dollar political election campaigns and high-profile allegations of judicial bias and misconduct. The People’s Courts traces the history of judicial elections and Americans’ quest for an independent judiciary—one that would ensure fairness for all before the law—from the colonial era to the present. In the aftermath of economic disaster, nineteenth-century reformers embraced popular elections as a way to make politically appointed judges less susceptible to partisan patronage and more independent of the legislative and executive branches of government. This effort to reinforce the separation of powers and limit government succeeded in many ways, but it created new threats to judicial independence and provoked further calls for reform. Merit selection emerged as the most promising means of reducing partisan and financial influence from judicial selection. It too, however, proved vulnerable to pressure from party politics and special interest groups. Yet, as Shugerman concludes, it still has more potential for protecting judicial independence than either political appointment or popular election. The People’s Courts shows how Americans have been deeply committed to judicial independence, but that commitment has also been manipulated by special interests. By understanding our history of judicial selection, we can better protect and preserve the independence of judges from political and partisan influence.

The Independence of the Judiciary

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Publisher :
ISBN 13 :
Total Pages : 7 pages
Book Rating : 4.:/5 (784 download)

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Book Synopsis The Independence of the Judiciary by : Archibald Cox

Download or read book The Independence of the Judiciary written by Archibald Cox and published by . This book was released on 1986 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Myth of Judicial Independence

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Publisher : Oxford University Press
ISBN 13 : 0192555278
Total Pages : 288 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Myth of Judicial Independence by : Mike McConville

Download or read book The Myth of Judicial Independence written by Mike McConville and published by Oxford University Press. This book was released on 2020-06-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an examination of the history of the rules that regulate police interrogation (the Judges' Rules) in conjunction with plea bargaining and the Criminal Procedure Rules, this book explores the 'Westminster Model' under which three arms of the State (parliament, the executive, and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges' Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law, including an adversarial process and trial by jury, and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.

Judicial Independence

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Publisher :
ISBN 13 : 9780433474470
Total Pages : 253 pages
Book Rating : 4.4/5 (744 download)

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Book Synopsis Judicial Independence by : Martine Valois

Download or read book Judicial Independence written by Martine Valois and published by . This book was released on 2013 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Myth of Judicial Independence

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Publisher : Oxford University Press, USA
ISBN 13 : 0198822103
Total Pages : 337 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Myth of Judicial Independence by : Mike McConville

Download or read book The Myth of Judicial Independence written by Mike McConville and published by Oxford University Press, USA. This book was released on 2020-06-29 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an examination of the history of the rules that regulate police interrogation (the Judges' Rules) in conjunction with plea bargaining and the Criminal Procedure Rules, this book explores the 'Westminster Model' under which three arms of the State (parliament, the executive, and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges' Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law, including an adversarial process and trial by jury, and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.

The State and Federal Courts

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Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 409 pages
Book Rating : 4.2/5 (161 download)

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Book Synopsis The State and Federal Courts by : Christopher P. Banks

Download or read book The State and Federal Courts written by Christopher P. Banks and published by Bloomsbury Publishing USA. This book was released on 2017-01-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society. This single-volume work provides a comprehensive and contemporary treatment of the historical development of state and federal courts that clearly documents how they have evolved into significant political institutions. It addresses vital and highly relevant subjects such as the constitutional origins of courts, the nature of judicial selection and service, and the organization of courts and their administration. The book explains civil and criminal legal proceedings, the political impact of judicial rulings, and the restraints placed upon the exercise of judicial powers. Readers will come away with an understanding of the key principles of constitutional interpretation and judicial review as well as judicial independence, what factors affect access to courts, the underlying politics of state judicial campaigns, and the confirmation of presidential appointments to the federal bench. The book covers historical and contemporary court perspectives on major issues, such as same-sex marriage, the Affordable Care Act, campaign financing, gun rights, free speech and religious freedom, racial discrimination, affirmative action, criminal procedure and punishments, property rights, and voting rights.

The Politics of the Judiciary

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Publisher : Manchester University Press
ISBN 13 : 9780719007026
Total Pages : 232 pages
Book Rating : 4.0/5 (7 download)

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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:

Constitutional Origins of the Federal Judiciary

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781537585086
Total Pages : 24 pages
Book Rating : 4.5/5 (85 download)

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Book Synopsis Constitutional Origins of the Federal Judiciary by : Federal Judicial Federal Judicial Center

Download or read book Constitutional Origins of the Federal Judiciary written by Federal Judicial Federal Judicial Center and published by Createspace Independent Publishing Platform. This book was released on 2016-09-10 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: This teaching module was developed by the Federal Judicial Center to support judges and court staff who want to speak to various groups about the history of an independent federal judiciary. It focuses on the Constitutional Convention of 1787 and the establishment of the judicial branch of government. Other modules in this series examine the creation of the federal judicial system and debates on judicial independence. Each module includes four components: background discussion to serve as talking points; a Powerpoint presentation that can be downloaded to provide a visual guide to the speakers' remarks; a list of suggested discussion questions; and selections from historical documents that can be used in discussion with the audience or incorporated in the speakers' remarks.

The Federalist Papers

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Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

The Intellectual Origins and Evolution of the Independent Judiciary in America, 1760-1800

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (138 download)

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Book Synopsis The Intellectual Origins and Evolution of the Independent Judiciary in America, 1760-1800 by : Ryan Patrick Hanley

Download or read book The Intellectual Origins and Evolution of the Independent Judiciary in America, 1760-1800 written by Ryan Patrick Hanley and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: