The Dynamics Of Judicial Independence PDF Download
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Author | : Lorne Neudorf |
Publisher | : Springer |
Total Pages | : 262 |
Release | : 2017-02-22 |
Genre | : Law |
ISBN | : 3319498843 |
Download The Dynamics of Judicial Independence Book in PDF, ePub and Kindle
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.
Author | : Roger Masterman |
Publisher | : Cambridge University Press |
Total Pages | : 297 |
Release | : 2010-12-02 |
Genre | : Law |
ISBN | : 1139494295 |
Download The Separation of Powers in the Contemporary Constitution Book in PDF, ePub and Kindle
In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
Author | : Shimon Shetreet |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 689 |
Release | : 2011-11-11 |
Genre | : Law |
ISBN | : 9004215859 |
Download The Culture of Judicial Independence Book in PDF, ePub and Kindle
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 | : Bruce Peabody |
Publisher | : JHU Press |
Total Pages | : 347 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0801897718 |
Download The Politics of Judicial Independence Book in PDF, ePub and Kindle
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 | : Benjamin G. Engst |
Publisher | : Springer Nature |
Total Pages | : 255 |
Release | : 2021-04-17 |
Genre | : Political Science |
ISBN | : 3030460169 |
Download The Two Faces of Judicial Power Book in PDF, ePub and Kindle
This book shows that constitutional courts exercise direct and indirect power on political branches through decision-making. The first face of judicial power is characterized by courts directing political actors to implement judicial decisions in specific ways. The second face leads political actors to anticipate judicial review and draft policies accordingly. The judicial–political interaction originating from both faces is herein formally modeled. A cross-European comparison of pre-conditions of judicial power shows that the German Federal Constitutional Court is a well-suited representative case for a quantitative assessment of judicial power. Multinomial logistic regressions show that the court uses directives when evasion of decisions is costly while accounting for the government’s ability to implement decisions. Causal analyses of the second face of judicial power show that bills exposed to legal signals are drafted accounting for the court. These findings re-shape our understanding of judicialization and shed light on a silent form of judicialization.
Author | : Shimon Shetreet |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 728 |
Release | : 1985-01-01 |
Genre | : Law |
ISBN | : 9789024731824 |
Download Judicial Independence Book in PDF, ePub and Kindle
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.
Author | : Scott Douglas Gerber |
Publisher | : Oxford University Press, USA |
Total Pages | : 436 |
Release | : 2011-05-05 |
Genre | : History |
ISBN | : 0199765871 |
Download A Distinct Judicial Power Book in PDF, ePub and Kindle
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.
Author | : Tom S. Clark |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2010-11-22 |
Genre | : Political Science |
ISBN | : 1139492314 |
Download The Limits of Judicial Independence Book in PDF, ePub and Kindle
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 | : Nils Asbjørn Engstad |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Judicial independence |
ISBN | : 9789462361164 |
Download The Independence of Judges Book in PDF, ePub and Kindle
An independent judiciary is crucial for upholding the rule of law and for the protection of human rights in a democratic society. The Independence of Judges is an anthology, illustrating that there is still a need for further exploration and reflection on various aspects of the principle of judicial independence. The book presents 22 articles, written from different perspectives and analyses by judges, lawyers, public prosecutors, and scientists in the areas of law, social sciences, and media science. The book's contributions provide an overview of historical developments, as well as issues of current interest in developed countries and in countries in transition, regarding the independent judge. It promotes reflection and debate on universal issues related to the independence of judges. The Independence of Judges will be of interest for anyone concerned with democracy and democracy-building by upholding the rule of law. *** "The Norwegian Association of Judges published a book on judicial independence to celebrate its 100th anniversary in 2012. With adaptations for an international audience, the book, originally issued in Norwegian, has been issued in English, containing 22 essarys on various aspects of judicial independence. The book closes with an interesting essay of judges with the media. For those interested in cross-national perspectives on judicial independence, the book would be of interest." - Court Review, the journal of the American Judges Association, Fall 2014 [Subject: Constitutional Law, Judicial Procedure, Socio-Legal Studies, Human Rights Law, Politics]Ã?Â?
Author | : Shimon Shetreet |
Publisher | : BRILL |
Total Pages | : 588 |
Release | : 2021-08-24 |
Genre | : Law |
ISBN | : 9004421556 |
Download Challenged Justice: In Pursuit of Judicial Independence Book in PDF, ePub and Kindle
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.