The Politics Of Judicial Independence

Author : Bruce Peabody
Publisher : JHU Press
Page : 347 pages
File Size : 43,5 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 : Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien
Publisher : Cambridge University Press
Page : 307 pages
File Size : 47,6 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.

Author : Martine Valois
Publisher : Unknown
Page : 253 pages
File Size : 46,5 Mb
Release : 2013
Category : Judicial independence
ISBN : 0433474475

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Judicial Independence by Martine Valois Pdf

Author : Tom S. Clark
Publisher : Cambridge University Press
Page : 357 pages
File Size : 41,9 Mb
Release : 2010-11-22
Category : Political Science
ISBN : 9781139492317

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The Limits of Judicial Independence by Tom S. Clark Pdf

This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.

Author : Adam Dodek,Lorne Sossin
Publisher : Unknown
Page : 641 pages
File Size : 40,5 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 : J. Mark Ramseyer,Eric B. Rasmusen
Publisher : University of Chicago Press
Page : 214 pages
File Size : 49,5 Mb
Release : 2010-02-15
Category : Law
ISBN : 9780226703879

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Measuring Judicial Independence by J. Mark Ramseyer,Eric B. Rasmusen Pdf

The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.

Author : Shimon Shetreet,Christopher Forsyth
Publisher : Martinus Nijhoff Publishers
Page : 689 pages
File Size : 49,9 Mb
Release : 2011-11-11
Category : Law
ISBN : 9789004215856

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The Culture of Judicial Independence by Shimon Shetreet,Christopher Forsyth Pdf

The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.

Author : Peter H. Russell,David M. O'Brien
Publisher : University of Virginia Press
Page : 342 pages
File Size : 45,7 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 : Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien
Publisher : Unknown
Page : 128 pages
File Size : 50,6 Mb
Release : 2015
Category : Electronic books
ISBN : 1316253775

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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"--

Author : E. Skaar
Publisher : Springer
Page : 297 pages
File Size : 48,8 Mb
Release : 2011-02-14
Category : Social Science
ISBN : 9780230117693

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Judicial Independence and Human Rights in Latin America by E. Skaar Pdf

This comparative analysis, focusing on Argentina, Chile, and Uruguay, explores the complex relationship between executive politics and judicial action, showing that judicial independence is a crucial factor in prosecution. It will engage Latin Americanists as well as all who are concerned with justice and human rights around the world.

Author : Nickolas E. Jorgensen
Publisher : Unknown
Page : 342 pages
File Size : 54,8 Mb
Release : 2006
Category : Judicial independence
ISBN : UCSD:31822035932664

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Cleavages, Courts, and Credible Commitments by Nickolas E. Jorgensen Pdf

Author : Frans van Dijk
Publisher : Springer Nature
Page : 113 pages
File Size : 40,7 Mb
Release : 2020-12-14
Category : Political Science
ISBN : 9783030631437

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Perceptions of the Independence of Judges in Europe by Frans van Dijk Pdf

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.

Author : Brad Epperly
Publisher : Oxford University Press
Page : 224 pages
File Size : 51,8 Mb
Release : 2019-09-26
Category : Political Science
ISBN : 9780192583642

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The Political Foundations of Judicial Independence in Dictatorship and Democracy by Brad Epperly Pdf

This book argues that explaining judicial independence-considered the fundamental question of comparative law and politics-requires a perspective that spans the democracy/autocracy divide. Rather than seeking separate explanations in each regime context, in The Political Foundations of Judicial Independence in Dictatorship and Democracy, Brad Epperly argues that political competition is a salient factor in determining levels of de facto judicial independence across regime type, and in autocracies a factor of far greater import. This is because a full " account of independence requires looking not only at the likelihood those in power might lose elections but also the variable risks associated with such an outcome, risks that are far higher for autocrats. First demonstrating that courts can and do provide insurance to former leaders, he then shows via exhaustive cross-national analyses that competition's effects are far higher in autocratic regimes, providing the first evidence for the causal nature of the relationship. Epperly argues that these findings differ from existing case study research because in democratic regimes, a lack of political competition means incumbents target the de jure independence of courts. This argument is illustrated via in-depth case study of the Hungarian Constitutional Court after the country's 2010 " and then tested globally. Blending formal theory, observational and instrumental variables models, and elite interviews of leading Hungarian legal scholars and judges, Epperly offers a new framework for understanding judicial independence that integrates explanations of both de jure and de facto independence in both democratic and autocratic regimes.

Author : Brandon L. Bartels,Christopher D. Johnston
Publisher : Cambridge University Press
Page : 321 pages
File Size : 46,9 Mb
Release : 2020-08-20
Category : Law
ISBN : 9781107188419

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Curbing the Court by Brandon L. Bartels,Christopher D. Johnston Pdf

Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.

Author : Stephen B Burbank,Barry Friedman
Publisher : SAGE
Page : 308 pages
File Size : 42,5 Mb
Release : 2002-04-02
Category : Law
ISBN : 0761926577

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Judicial Independence at the Crossroads by Stephen B Burbank,Barry Friedman Pdf

This volume is a collection of essays on the contentious issues of judicial independence and federal judicial selection, written by leading scholars from the disciplines of law, political science, history, economics, and sociology.