Judicial Independence In The Age Of Democracy

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Judicial Independence in the Age of Democracy

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

Author : Peter H. Russell,David M. O'Brien
Publisher : University of Virginia Press
Page : 342 pages
File Size : 43,8 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.

Judicial Independence in the Age of Democracy

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

Author : Peter H. Russell (eds),David M. O'Brien
Publisher : University of Virginia Press
Page : 340 pages
File Size : 54,8 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.

Judges and Democratization

B. C. Smith
Judges and Democratization Book PDF

Author : B. C. Smith
Publisher : Routledge
Page : 128 pages
File Size : 48,7 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.

Judges and Democratization

B. C. Smith
Judges and Democratization Book PDF

Author : B. C. Smith
Publisher : Taylor & Francis
Page : 220 pages
File Size : 50,8 Mb
Release : 2017-02-24
Category : Political Science
ISBN : 9781134827848

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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.

Judicial Power

Christine Landfried
Judicial Power Book PDF

Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 52,9 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667

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Judicial Power by Christine Landfried Pdf

Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

Judicial Independence: Cornerstone of Democracy

Shimon Shetreet,Hiram Chodosh
Judicial Independence Cornerstone of Democracy Book PDF

Author : Shimon Shetreet,Hiram Chodosh
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 45,8 Mb
Release : 2023-10-26
Category : Law
ISBN : 900453508X

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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

Judges and Democratization

B. C. Smith
Judges and Democratization Book PDF

Author : B. C. Smith
Publisher : Routledge
Page : 0 pages
File Size : 53,6 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"--

Judges and Democratization

B. C. Smith
Judges and Democratization Book PDF

Author : B. C. Smith
Publisher : CreateSpace
Page : 318 pages
File Size : 53,7 Mb
Release : 2015-02-03
Category : Social Science
ISBN : 1503100464

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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. Judicial activism raises concerns that the legitimate authority of elected legislatures is being usurped. Consequently, demands have been voiced to make the judiciary more accountable. Judges and Democratization asks how 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.

Can Courts be Bulwarks of Democracy?

Jeffrey K. Staton,Christopher Reenock,Jordan Holsinger
Can Courts be Bulwarks of Democracy Book PDF

Author : Jeffrey K. Staton,Christopher Reenock,Jordan Holsinger
Publisher : Unknown
Page : 128 pages
File Size : 47,6 Mb
Release : 2020
Category : Political questions and judicial power
ISBN : 1009015265

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

"Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that undermine their ability to do so. Recognizing these constraints, this book argues that courts can influence regime instability by affecting inter-elite conflict. They do so in three ways: by helping leaders credibly reveal their rationales for policy choices that may appear to violate legal rules; by encouraging leaders to less frequently make decisions that raise concerns about rule violations; and by encouraging the opposition to accept potential rule violations. In each way, courts promote the prudent use of power. We evaluate implications of this argument using a century of global data tracking judicial politics and democratic survival"--

Challenged Justice: In Pursuit of Judicial Independence

Shimon Shetreet,Hiram Chodosh,Helland Eric
Challenged Justice In Pursuit of Judicial Independence Book PDF

Author : Shimon Shetreet,Hiram Chodosh,Helland Eric
Publisher : BRILL
Page : 588 pages
File Size : 44,6 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.

Can Courts be Bulwarks of Democracy?

Jeffrey K. Staton,Christopher Reenock,Jordan Holsinger
Can Courts be Bulwarks of Democracy Book PDF

Author : Jeffrey K. Staton,Christopher Reenock,Jordan Holsinger
Publisher : Cambridge University Press
Page : 173 pages
File Size : 50,9 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.

Appointing Judges in an Age of Judicial Power

Peter H. Russell,Kate Malleson
Appointing Judges in an Age of Judicial Power Book PDF

Author : Peter H. Russell,Kate Malleson
Publisher : University of Toronto Press
Page : 489 pages
File Size : 46,6 Mb
Release : 2006-01-01
Category : Political Science
ISBN : 9780802093813

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Appointing Judges in an Age of Judicial Power by Peter H. Russell,Kate Malleson Pdf

The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.

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

Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien
The Politics of Judicial Independence in the UK s Changing Constitution Book PDF

Author : Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien
Publisher : Cambridge University Press
Page : 307 pages
File Size : 55,6 Mb
Release : 2015-03-12
Category : Law
ISBN : 9781316240533

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The Politics of Judicial Independence in the UK's Changing Constitution by Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien Pdf

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.

The Culture of Judicial Independence

Shimon Shetreet
The Culture of Judicial Independence Book PDF

Author : Shimon Shetreet
Publisher : Martinus Nijhoff Publishers
Page : 600 pages
File Size : 55,6 Mb
Release : 2015-01-27
Category : Law
ISBN : 9789004257818

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The Culture of Judicial Independence by Shimon Shetreet Pdf

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.

Perils of Judicial Self-Government in Transitional Societies

David Kosař
Perils of Judicial Self Government in Transitional Societies Book PDF

Author : David Kosař
Publisher : Cambridge University Press
Page : 487 pages
File Size : 47,9 Mb
Release : 2016-04
Category : Law
ISBN : 9781107112124

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Perils of Judicial Self-Government in Transitional Societies by David Kosař Pdf

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.