Securing Judicial Independence
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Securing Judicial Independence
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Author :
language : en
Publisher:
Release Date : 2017
Securing Judicial Independence written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Courts categories.
Judicial Security And Independence
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 2007
Judicial Security And Independence written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The Myth Of Judicial Independence
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Author : Mike McConville
language : en
Publisher: Oxford University Press
Release Date : 2020-06-28
The Myth Of Judicial Independence written by Mike McConville and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-28 with Law categories.
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.
Judicial Security And Independence Hearing
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Author :
language : en
Publisher: DIANE Publishing
Release Date :
Judicial Security And Independence Hearing written by and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Ensuring Judicial Independence Through Civics Education
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Author : United States. Congress
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2017-12-12
Ensuring Judicial Independence Through Civics Education written by United States. Congress and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-12 with categories.
Ensuring judicial independence through civics education : hearing before the Committee on the Judiciary, United States Senate, One Hundred Twelfth Congress, second session, July 25, 2012.
The Independence Of The Judiciary In Bangladesh
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Author : M. Ehteshamul Bari
language : en
Publisher: Springer Nature
Release Date : 2021-12-01
The Independence Of The Judiciary In Bangladesh written by M. Ehteshamul Bari and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-01 with Law categories.
This book highlights that an independent judiciary is indispensable for the very existence of any society based on democratic values, such as the observance of the rule of law and respect for the human rights of individuals. In order to ensure that the judiciary’s interpretation of the law is not bound by the will of the executive and that it is able to call the executive to account by protecting the life as well as liberty of the governed, it is imperative to guarantee, among other things, a transparent method of appointment and the security of tenure of the judges. Taking into account the importance of an independent judiciary in a democratic society, the framers of the Constitution of Bangladesh, 1972, following in the footsteps of the framers of the Constitutions of India and Pakistan, incorporated in the Constitution the ideal of safeguarding the independence of the judiciary as one of its basic features. This book, however, makes it manifestly evident that the key elements for realising such an ideal have not adequately been guaranteed by the Constitution. Consequently, this book sheds light on how succeeding generations of executives have sought to undermine the independence of the judiciary. Accordingly, this book puts forward recommendations for the insertion of detailed norms in the Constitution of Bangladesh for establishing the best means for excluding patronage appointments to the bench and for guaranteeing the security of tenure of the judges. This book asserts that the incorporation of such norms, safeguards the independence of the superior judiciary to decide cases without fear or favour. This book, therefore, seeks to address the gap that exists between the theory and practice concerning the independence of the judiciary in Bangladesh. Since no book is currently available in the market that critically examines these issues in a systematic and structured manner, this research enhances knowledge by not only identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning the method of appointment of the judges of the Supreme Court of Bangladesh but also the measures undertaken by the current Bangladeshi regime to dispense with the transparent method of removal of the judges involving a body of judicial character.
Judicial Independence And The Rule Of Law In Hong Kong
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Author : Steve Yui-Sang Tsang
language : en
Publisher: Hong Kong University Press
Release Date : 2001-01-01
Judicial Independence And The Rule Of Law In Hong Kong written by Steve Yui-Sang Tsang and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-01-01 with Law categories.
'this certainly is a good and important book that deserves to be read. the rule of law is one of the corner-stones of Hong Kong's success. Here, the situation of the rule of law in Hong Kong is subject to a minute analysis by the author. the results are i
Ensuring Judicial Independence Through Civics Education
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Author : Committee on the Judiciary United States Senate
language : en
Publisher:
Release Date : 2012-10-29
Ensuring Judicial Independence Through Civics Education written by Committee on the Judiciary United States Senate and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-29 with categories.
The design of our Federal Government, as set forth by our Constitution, provides for three branches of government, only two of which are political. The third branch, the judiciary, is independent of the two political branches by design. Both of the political branches come together in the judicial confirmation process to equip that independent branch with the men and women necessary to carry out its role in our democracy.Judicial independence and the role of judges in our democracy has been the subject of two previous hearings with Supreme Court justices but in the wake of recent rhetoric about the sitting Chief Justice, this public conversation here today is all the more relevant. In the past few weeks, the Chief Justice has been labeled a "traitor" and his ruling in the health care decision has been called a "betrayal" to former President George W. Bush. These types of attacks reveal the misguided notion that justices and judges owe some allegiance to the president who appointed them or to a political party.
The Politics Of Judicial Independence
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Author : Bruce Peabody
language : en
Publisher: JHU Press
Release Date : 2011
The Politics Of Judicial Independence written by Bruce Peabody and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
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.
Judicial Integrity
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Author :
language : en
Publisher: BRILL
Release Date : 2004-05-01
Judicial Integrity written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-05-01 with Law categories.
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.