[PDF] The Politics Of Judicial Independence In The Uks Changing Constitution eBook

Author : Graham Gee
Publisher : Cambridge University Press
Page : 307 pages
File Size : 48,60 MB
Release : 2015-03-12
Category : Law
ISBN : 1316240533

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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 : Jeffrey Jowell
Publisher : Oxford University Press, USA
Page : 481 pages
File Size : 33,78 MB
Release : 2019-07-24
Category : Law
ISBN : 0198806361

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Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The ninth edition of this highly successful volume is published at a time of accelerated constitutional change. This collection of essays brings together fourteen expert contributors to offer an invaluable source of material and analysis for all students of constitutional law and politics. It clarifies the scope of the powers exercised by central, devolved and local governments within the UK, and the relationship between Britain, the EU and other regional and international legal systems.

Author : Melissa Crouch
Publisher : Cambridge University Press
Page : 449 pages
File Size : 23,20 MB
Release : 2019-09-19
Category : Law
ISBN : 1108493467

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Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Author : Vernon Bogdanor
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 21,43 MB
Release : 2009-06-03
Category : Law
ISBN : 1847317146

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The last decade has seen radical changes in the way we are governed. Reforms such as the Human Rights Act and devolution have led to the replacement of one constitutional order by another. This book is the first to describe and analyse Britain's new constitution, asking why it was that the old system, seemingly hallowed by time, came under challenge, and why it is being replaced. The Human Rights Act and the devolution legislation have the character of fundamental law. They in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. The old constitution emphasised the sovereignty of Parliament. The new constitution, by contrast, emphasises the separation of powers, both territorially and at the centre of government. The aim of constitutional reformers has been to improve the quality of government. But the main weakness of the new constitution is that it does little to secure more popular involvement in politics. We are in the process of becoming a constitutional state, but not a popular constitutional state. The next phase of constitutional reform, therefore, is likely to involve the creation of new forms of democratic engagement, so that our constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in Parliament, but, instead, as in so many constitutions, from `We, the People'. The old British constitution was analysed by Bagehot and Dicey. In this book Vernon Bogdanor charts the significance of what is coming to replace it. The expenses scandal shows up grave defects in the British constitution. Vernon Bogdanor shows how the constitution can be reformed and the political system opened up in`The New British Constitution'.

Author : Graham Gee
Publisher : Routledge
Page : 404 pages
File Size : 28,34 MB
Release : 2017-09-11
Category : Law
ISBN : 1315400049

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What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC’s first ten years; appointments to the UK Supreme Court; the pace of change; definitions of ‘merit’ and ‘diversity’; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.

Author : Shimon Shetreet
Publisher : Cambridge University Press
Page : 495 pages
File Size : 29,36 MB
Release : 2013-10-24
Category : Law
ISBN : 1107013674

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This study of the English judiciary stimulates a discussion of the factors shaping judicial independence, including accountability and constitutional adjudication.

Author : Jeffrey L. Jowell
Publisher : Oxford University Press, USA
Page : 496 pages
File Size : 12,58 MB
Release : 1989
Category : History
ISBN :

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Previous edition, 1st, published in 1985.

Author : Roger Masterman
Publisher : Cambridge University Press
Page : 297 pages
File Size : 37,20 MB
Release : 2010-12-02
Category : Law
ISBN : 1139494295

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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 : Andrew McDonald
Publisher : Univ of California Press
Page : 272 pages
File Size : 48,83 MB
Release : 2007-10-30
Category : History
ISBN : 0520098625

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"First [originally] published in Great Britain in 2007 by Politico's Publishing ..."--Title page verso.

Author : Diana Woodhouse
Publisher : Hart Publishing
Page : 233 pages
File Size : 20,54 MB
Release : 2001-05-21
Category : Law
ISBN : 1841130214

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This book analyses the development and current position of the Lord Chancellor in his various roles.