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Author : Shimon Shetreet
Publisher : BRILL
Page : 588 pages
File Size : 28,8 MB
Release : 2021-08-24
Category : Law
ISBN : 9004421556
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.
Author : Shimon Shetreet
Publisher : BRILL
Page : 633 pages
File Size : 24,81 MB
Release : 2024-03-28
Category : Law
ISBN : 9004535098
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.
Author : Shimon Shetreet
Publisher : BRILL
Page : 511 pages
File Size : 20,62 MB
Release : 2016-11-07
Category : Law
ISBN : 9004307087
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.
Author : John Aneurin Grey Griffith
Publisher : Manchester University Press
Page : 232 pages
File Size : 30,87 MB
Release : 1977
Category : Judicial power
ISBN : 9780719007026
Author : Jeffrey K. Staton
Publisher : Cambridge University Press
Page : 173 pages
File Size : 43,98 MB
Release : 2022-03-31
Category : Law
ISBN : 1316516733
This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
Author :
Publisher : BRILL
Page : 321 pages
File Size : 39,78 MB
Release : 2004-05-01
Category : Law
ISBN : 9047413717
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author : Shimon Shetreet
Publisher : Martinus Nijhoff Publishers
Page : 600 pages
File Size : 20,20 MB
Release : 2015-01-27
Category : Law
ISBN : 9004257810
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.
Author : Katja S Ziegler
Publisher : Hart Publishing
Page : 306 pages
File Size : 15,25 MB
Release : 2007-05-22
Category : Law
ISBN :
Modern constitutionalism has put a lot of hopes in parliaments but there is some consensus that these hopes have not been entirely fulfilled. At the same time, the role of parliaments in contemporary democracies continues to evolve as parliaments are faced with new challenges. How should they react to the new forms of executive and administrative action? Should they play a role in upholding judicial independence, although the latter is frequently seen as independence from parliament as well as the executive? How should they contribute to the protection of fundamental rights? The book aims at providing some answers to these questions by first setting the historic scene, giving a comparative overview of the modern history of a selection of major European deliberative institutions (UK, France, Germany and the European Parliament). The book then looks at themes around the doctrine of separation of powers, especially aspects of the relationship between parliament and the executive power and parliaments' role and attitude regarding the judiciary with a special focus on the independence of the judiciary in a comparative perspective.
Author : Nico Horn
Publisher :
Page : 332 pages
File Size : 43,98 MB
Release : 2008
Category : Courts
ISBN :
The book gives an account of the independence of judiciary in Namibia.
Author : Richard B. Zabel
Publisher :
Page : 190 pages
File Size : 41,92 MB
Release : 2008
Category : Law
ISBN :
In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.