Judicial Independence

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Judicial Independence

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Author : Shimon Shetreet
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1985-01-01

Judicial Independence written by Shimon Shetreet and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-01-01 with Law categories.

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.

Judicial Independence In The Age Of Democracy

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Author : Peter H. Russell (eds)
language : en
Publisher: University of Virginia Press
Release Date : 2001

Judicial Independence In The Age Of Democracy written by Peter H. Russell (eds) and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.

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.

The Culture Of Judicial Independence In A Globalised World

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Author : Shimon Shetreet
language : en
Publisher: BRILL
Release Date : 2016-11-07

The Culture Of Judicial Independence In A Globalised World written by Shimon Shetreet and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-07 with Law categories.

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 (Brill/Nijhoff, 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Brill/Nijhoff, 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Brill/Nijhoff, 2014). This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence – both national and international.

Judicial Independence Under Threat

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Author : Dimitrios Giannoulopoulos
language : en
Publisher: Liverpool University Press
Release Date : 2022-08-11

Judicial Independence Under Threat written by Dimitrios Giannoulopoulos and has been published by Liverpool University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-11 with Law categories.

Judicial Independence Under Threat seeks to situate contemporary challenges to judicial independence in their proper legal, philosophical, political and historical contexts. It asks how threats to judicial independence can be protected against.

Judicial Independence In Transitional Democracies

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Author : Nauman Reayat
language : en
Publisher: Taylor & Francis
Release Date : 2024-12-31

Judicial Independence In Transitional Democracies written by Nauman Reayat and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-31 with Law categories.

This book presents interdisciplinary and comparative analyses of judicial independence in transitional democracies across Asia, Latin America, Eastern Europe, the Middle East, and Africa. Although judicial empowerment and independence in transitional democracies have gained both academic and real-world prominence in recent decades, an ongoing debate persists regarding the nature, scope, and determinants of judicial independence in transitional settings. Some transitional democracies successfully develop democracy and the rule of law with the sustained growth of judicial independence, whereas others grapple with substantial challenges and move more towards authoritarianism. This book examines factors that drive de jure and de facto judicial independence in transitional democracies and evaluates their relationship. In doing so, it identifies challenges and opportunities associated with developing judicial independence in transitional democracies. At the intersection of political science and law, the work will be a valuable resource for academics, researchers, and policymakers in constitutional law, constitutional politics, and human rights law.

Judicial Independence At The Crossroads

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Author : Stephen B Burbank
language : en
Publisher: SAGE
Release Date : 2002-04-02

Judicial Independence At The Crossroads written by Stephen B Burbank and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-02 with Law categories.

" The authors provide an excellent examination of judicial independence that tends to raise more questions than answers...a fascinating book that raises important questions about a concept that is often used, but that is poorly understood... I would highly recommend this book for all scholars of public law because of its richness of information as well as how the essays call into question the common assumptions about what judicial independence is and how it can be protected" - Law & Politics Book Review This new volume aims to break down the disciplinary barriers that have impeded scholarly analysis of, and public policy debates concerning, a subject of immense importance to the US and other developed and developing democracies. Judicial Independence at the Crossroads: An Interdisciplinary Approach is a path-breaking collection of essays by leading scholars from the disciplines of law, political science, history, economics and sociology. As a result, the essays represent a strongly interdisciplinary perspective that enables the reader to identify common myths in scholarly and public discussions of judicial independence, and to engage more effectively with the key debates. The editors also highlight progress made towards a shared understanding and the considerable gaps in analysis and understanding that remain. This book offers both scholars and politicians a guide to more fruitful research and sounder public policy at a time when federal judicial selection is one of the most contentious political issues in Washington. Given the explicitly comparative perspective of some of the chapters, the volume will be important reading not only for scholars and policy makers in the US but also for those interested in the topic in any other country that seeks to establish or reaffirm the importance of the rule of law. About the Editors Stephen B. Burbank is the David Berger Professor for the Administration of Justice at the University of Pennsylvania. A graduate of Harvard College and Harvard Law School, Professor Burbank served as law clerk to Justice Robert Braucher of the Supreme Judicial Court of Massachusetts and to Chief Justice Warren Burger. He was General Counsel of the University of Pennsylvania from 1975 to 1980. Professor Burbank is a member of the Executive Committee of the American Judicature Society, for which he also serves on the editorial committee, as chair of the amicus committee, and as co-chair of the Center for Judicial Independence Task Force. He has served as a Visiting Professor at the law schools of Goethe University (Frankfurt, Germany), Harvard University, the University of Michigan, and the University of Pavia (Italy). Barry Friedman (A.B. 1978, University of Chicago; J.D. 1982, Georgetown University) is a Professor of Law at New York University School of Law, where he writes and teaches in the areas of constitutional law, federal jurisdiction, and criminal procedure. Professor Friedman also practices law, both privately and pro bono, and has litigated in all levels of the state and federal courts, including on issues of judicial independence and federalism. He is completing a term of over eight years as an officer and executive committee member of the American Judicature Society. He remains the co-chair of AJS Task Force on Judicial Independence.

Fragile Bastion

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Author : Helen Cunningham
language : en
Publisher:
Release Date : 1997

Fragile Bastion written by Helen Cunningham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.

Published by the Judicial Commission of New South Wales. This book is no longer available from The Federation Press. To purchase a copy or for further information, please contact the Judicial Commission on email [email protected], putting "Fragile Bastion" or "publishing" in the subject line.

Best Practice Guide For Judicial Independence And Accountability In Kenya

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Author :
language : en
Publisher:
Release Date : 2007

Best Practice Guide For Judicial Independence And Accountability In Kenya written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Judicial independence categories.

Judicial Independence And Accountability

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Author :
language : en
Publisher:
Release Date : 1998

Judicial Independence And Accountability written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Judicial power categories.

The Dynamics Of Judicial Independence

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Author : Lorne Neudorf
language : en
Publisher: Springer
Release Date : 2017-02-22

The Dynamics Of Judicial Independence written by Lorne Neudorf and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-22 with Law categories.

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.