The Dynamics Of Judicial Independence
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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.
The Separation Of Powers In The Contemporary Constitution
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Author : Roger Masterman
language : en
Publisher: Cambridge University Press
Release Date : 2010-12-02
The Separation Of Powers In The Contemporary Constitution written by Roger Masterman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-02 with Law categories.
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.
Judicial Independence In The Age Of Democracy
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Author : Peter H. Russell
language : en
Publisher: University of Virginia Press
Release Date : 2001
Judicial Independence In The Age Of Democracy written by Peter H. Russell 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 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.
Courts And Politics In Southeast Asia
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Author : Bjoern Dressel
language : en
Publisher: Cambridge University Press
Release Date : 2024-04-04
Courts And Politics In Southeast Asia written by Bjoern Dressel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-04 with Political Science categories.
Courts around the globe have become central players in governance, those in Southeast Asia have been no exception. This Element analyses the historical foundations, patterns, and drivers of judicialization of politics by mapping critical junctures that have shaped the emergence of modern courts in the region and providing a basic typology of courts and politics that extends the analysis to the contemporary situation. It also offers a new relational theory that helps explain the dynamics of judicial recruitment, decision-making, court performance-and ultimately perceptions of judicial legitimacy. In a region where power is often concentrated among oligarchs and clientelist political dynamics persist, it posits that courts are best comprehended as institutional hybrids. These hybrids seamlessly blend formal and informal practices, with profound implications for how Southeast Asian courts are molding both the rule of law and political governance.
Cleavages Courts And Credible Commitments
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Author : Nickolas E. Jorgensen
language : en
Publisher:
Release Date : 2006
Cleavages Courts And Credible Commitments written by Nickolas E. Jorgensen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Judicial independence categories.
The Two Faces Of Judicial Power
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Author : Benjamin G. Engst
language : en
Publisher: Springer Nature
Release Date : 2021-04-17
The Two Faces Of Judicial Power written by Benjamin G. Engst and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-17 with Political Science categories.
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.
A Distinct Judicial Power
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Author : Scott Douglas Gerber
language : en
Publisher: Oxford University Press
Release Date : 2011-05-05
A Distinct Judicial Power written by Scott Douglas Gerber 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 2011-05-05 with History categories.
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.
Judges And Democratization
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Author : B. C. Smith
language : en
Publisher: Routledge
Release Date : 2017-02-24
Judges And Democratization written by B. C. Smith and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-24 with Political Science categories.
Judiciaries must be politically impartial and immune from political interference if democracy is to be consolidated in countries in transition from authoritarian rule. Without an independent judiciary there can be no rule of law, and without the rule of law there can be no democracy. Judges and Democratization is based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence, and the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. It examines the paradox of judicial activism arising from the independence endowed upon the judiciary by post-authoritarian constitutions. The book asks how, in the context of this endowed authority, such accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This text will be of key interest to teachers and students of politics, comparative government/politics, combined politics and law, democracy and governance, human rights and democratization, and democratic development.
Judges And Democratization
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Author : B. C. Smith
language : en
Publisher: Routledge
Release Date : 2017-01
Judges And Democratization written by B. C. Smith and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01 with categories.
Judiciaries must be politically impartial and immune from political interference if democracy is to be consolidated in countries in transition from authoritarian rule. Without an independent judiciary there can be no rule of law, and without the rule of law there can be no democracy. Judges and Democratization is based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence, and the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. It examines the paradox of judicial activism arising from the independence endowed upon the judiciary by post-authoritarian constitutions. The book asks how, in the context of this endowed authority, such accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This text will be of key interest to teachers and students of politics, comparative government/politics, combined politics and law, democracy and governance, human rights and democratization, and democratic development.