Judicial Independence Cornerstone Of Democracy

Author : Shimon Shetreet,Hiram Chodosh
Publisher : BRILL
Page : 633 pages
File Size : 42,7 Mb
Release : 2024-03-28
Category : Law
ISBN : 9789004535091

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Judicial Independence: Cornerstone of Democracy by Shimon Shetreet,Hiram Chodosh Pdf

This book is an academic continuation of the previous five volumes on judicial independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, Wayne McCormack, Hiram E. Chodosh and Eric Helland, all books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014), The Culture of Judicial Independence in a Globalised World (2016), Challenged Justice: In Pursuit of Judicial Independence (2021). This volume offers studies by distinguished scholars and judges from different jurisdictions on numerous dimensions regarding the essential role of judicial independence in democracy. It includes analyses of basic constitutional principles and contemporary issues of judicial independence and judicial procces in many jurisdictions and analyses of international standarts of judicial independence and judicial ethics.

Author : Peter H. Russell,David M. O'Brien
Publisher : University of Virginia Press
Page : 342 pages
File Size : 53,6 Mb
Release : 2001
Category : Law
ISBN : 0813920159

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Judicial Independence in the Age of Democracy by Peter H. Russell,David M. O'Brien Pdf

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.

Author : B. C. Smith
Publisher : Routledge
Page : 128 pages
File Size : 51,9 Mb
Release : 2017-01
Category : Electronic
ISBN : 1138682934

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Judges and Democratization by B. C. Smith Pdf

Judiciaries must be politically impartial and immune from political interference if democracy is to be consolidated in countries in transition from authoritarian rule. Without an independent judiciary there can be no rule of law, and without the rule of law there can be no democracy. Judges and Democratization is based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence, and the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. It examines the paradox of judicial activism arising from the independence endowed upon the judiciary by post-authoritarian constitutions. The book asks how, in the context of this endowed authority, such accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This text will be of key interest to teachers and students of politics, comparative government/politics, combined politics and law, democracy and governance, human rights and democratization, and democratic development.

Author : B. C. Smith
Publisher : Taylor & Francis
Page : 326 pages
File Size : 40,5 Mb
Release : 2022-11-18
Category : Political Science
ISBN : 9781000786439

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Judges and Democratization by B. C. Smith Pdf

This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.

Author : Adam Dodek,Lorne Sossin
Publisher : Unknown
Page : 641 pages
File Size : 48,6 Mb
Release : 2010
Category : Law
ISBN : 1552211959

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Judicial Independence in Context by Adam Dodek,Lorne Sossin Pdf

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.

Author : B. C. Smith
Publisher : Routledge
Page : 0 pages
File Size : 52,7 Mb
Release : 2022
Category : Political Science
ISBN : 100333461X

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Judges and Democratization by B. C. Smith Pdf

"This second edition examines judicial independence as an aspect of democratization, based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly to comparative government/politics, human rights and comparative public law"--

Author : Jeffrey K. Staton,Christopher Reenock,Jordan Holsinger
Publisher : Cambridge University Press
Page : 173 pages
File Size : 55,7 Mb
Release : 2022-03-31
Category : Law
ISBN : 9781316516737

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Can Courts be Bulwarks of Democracy? by Jeffrey K. Staton,Christopher Reenock,Jordan Holsinger Pdf

This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.

Author : Bruce Peabody
Publisher : JHU Press
Page : 347 pages
File Size : 45,6 Mb
Release : 2011
Category : Law
ISBN : 9780801897719

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The Politics of Judicial Independence by Bruce Peabody Pdf

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.

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 53,8 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Author : Shimon Shetreet,Hiram Chodosh,Helland Eric
Publisher : BRILL
Page : 588 pages
File Size : 48,5 Mb
Release : 2021-08-24
Category : Law
ISBN : 9789004421554

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Challenged Justice: In Pursuit of Judicial Independence by Shimon Shetreet,Hiram Chodosh,Helland Eric Pdf

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.

Author : Anonim
Publisher : BRILL
Page : 321 pages
File Size : 48,8 Mb
Release : 2004-05-01
Category : Law
ISBN : 9789047413714

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Judicial Integrity by Anonim Pdf

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.

Author : Peter H. Russell (eds),David M. O'Brien
Publisher : University of Virginia Press
Page : 340 pages
File Size : 48,5 Mb
Release : 2001
Category : Law
ISBN : 0813920167

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Judicial Independence in the Age of Democracy by Peter H. Russell (eds),David M. O'Brien Pdf

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.

Author : John Aneurin Grey Griffith
Publisher : Manchester University Press
Page : 232 pages
File Size : 54,5 Mb
Release : 1977
Category : Judicial power
ISBN : 071900702X

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The Politics of the Judiciary by John Aneurin Grey Griffith Pdf

Author : Cristina Teleki
Publisher : BRILL
Page : 392 pages
File Size : 47,7 Mb
Release : 2021-05-17
Category : Business & Economics
ISBN : 9789004447493

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Due Process and Fair Trial in EU Competition Law by Cristina Teleki Pdf

In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

Author : Inter-parliamentary Union
Publisher : Inter-Parliamentary Union
Page : 110 pages
File Size : 46,6 Mb
Release : 1998
Category : Democracy
ISBN : 9789291420360

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Democracy by Inter-parliamentary Union Pdf

Principles to realization - Cherif Bassiouni