Judicial Independence

Judicial Independence PDF
Author: Carl Baudenbacher
Publisher: Springer
ISBN: 3030023087
Size: 70.94 MB
Format: PDF
Category : Law
Languages : en
Pages : 520

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Judicial Independence

by Carl Baudenbacher, Judicial Independence Books available in PDF, EPUB, Mobi Format. Download Judicial Independence books, This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland’s complicated relationship with, and Britain’s impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.



The Culture Of Judicial Independence

The Culture of Judicial Independence PDF
Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188339
Size: 32.64 MB
Format: PDF, Kindle
Category : Political Science
Languages : en
Pages : 639

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The Culture Of Judicial Independence

by Shimon Shetreet, The Culture Of Judicial Independence Books available in PDF, EPUB, Mobi Format. Download The Culture Of Judicial Independence books, This volume analyzes 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.



Judges And Democratization

Judges and Democratization PDF
Author: B. C. Smith
Publisher: Taylor & Francis
ISBN: 1134827849
Size: 62.83 MB
Format: PDF, ePub, Mobi
Category : Political Science
Languages : en
Pages : 220

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Judges And Democratization

by B. C. Smith, Judges And Democratization Books available in PDF, EPUB, Mobi Format. Download Judges And Democratization books, 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 Independence In Transition

Judicial Independence in Transition PDF
Author: Anja Seibert-Fohr
Publisher: Springer Science & Business Media
ISBN: 3642282997
Size: 53.17 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 1378

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Judicial Independence In Transition

by Anja Seibert-Fohr, Judicial Independence In Transition Books available in PDF, EPUB, Mobi Format. Download Judicial Independence In Transition books, 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.



Judicial Independence In The Age Of Democracy

Judicial Independence in the Age of Democracy PDF
Author: Peter H. Russell
Publisher: University of Virginia Press
ISBN: 9780813920153
Size: 14.74 MB
Format: PDF
Category : Law
Languages : en
Pages : 325

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Judicial Independence In The Age Of Democracy

by Peter H. Russell, Judicial Independence In The Age Of Democracy Books available in PDF, EPUB, Mobi Format. Download Judicial Independence In The Age Of Democracy books, 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

Judicial Independence PDF
Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024731824
Size: 47.53 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 700

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Judicial Independence

by Shimon Shetreet, Judicial Independence Books available in PDF, EPUB, Mobi Format. Download Judicial Independence books, This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society. This general trend is apparent in Israel, where the highly significant social role played by the judiciary has been on the increase for some years. The constitutional role of the judiciary in society is more pronounced in countries where the courts are empowered to review the constitutionality of legislative acts. In Israel the power of judicial review, in decisions of the Supreme Court, has been applied in a number of cases in which legislation of the Israeli Parliament, the Knesset, has been set aside. The increasingly prominent role of the judiciary in Israel is further manifested by the frequent recourse to judicial commissions of inquiry, chaired by judges who are often called upon to examine some of the major public controversies.



The Politics Of Judicial Independence In The Uk S Changing Constitution

The Politics of Judicial Independence in the UK s Changing Constitution PDF
Author: Graham Gee
Publisher: Cambridge University Press
ISBN: 9781107066953
Size: 65.18 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 306

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The Politics Of Judicial Independence In The Uk S Changing Constitution

by Graham Gee, The Politics Of Judicial Independence In The Uk S Changing Constitution Books available in PDF, EPUB, Mobi Format. Download The Politics Of Judicial Independence In The Uk S Changing Constitution books, 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 In A Globalised World

The Culture of Judicial Independence in a Globalised World PDF
Author: Shimon Shetreet
Publisher: BRILL
ISBN: 9004307087
Size: 29.80 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 512

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The Culture Of Judicial Independence In A Globalised World

by Shimon Shetreet, The Culture Of Judicial Independence In A Globalised World Books available in PDF, EPUB, Mobi Format. Download The Culture Of Judicial Independence In A Globalised World books, 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 (Martinus Nijhoff Publishers 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Martinus Nijhoff Publishers 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Martinus Nijhoff Publishers 2014). This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence – both national and international.



The Politics Of Judicial Independence In The Uk S Changing Constitution

The Politics of Judicial Independence in the UK s Changing Constitution PDF
Author: Graham Gee
Publisher: Cambridge University Press
ISBN: 1316240533
Size: 55.18 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages :

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The Politics Of Judicial Independence In The Uk S Changing Constitution

by Graham Gee, The Politics Of Judicial Independence In The Uk S Changing Constitution Books available in PDF, EPUB, Mobi Format. Download The Politics Of Judicial Independence In The Uk S Changing Constitution books, 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 Myth Of Judicial Independence

The Myth of Judicial Independence PDF
Author: Mike McConville
Publisher: Oxford University Press
ISBN: 0192555286
Size: 79.26 MB
Format: PDF
Category : Law
Languages : en
Pages : 288

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The Myth Of Judicial Independence

by Mike McConville, The Myth Of Judicial Independence Books available in PDF, EPUB, Mobi Format. Download The Myth Of Judicial Independence books, 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.