The Politics Of Judicial Independence In The Uk S Changing Constitution
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The Politics Of Judicial Independence In The Uk S Changing Constitution
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Author : Graham Gee
language : en
Publisher:
Release Date : 2015
The Politics Of Judicial Independence In The Uk S Changing Constitution written by Graham Gee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with LAW categories.
"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"--
The Politics Of Judicial Independence In The Uk S Changing Constitution
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Author : Graham Gee
language : en
Publisher: Cambridge University Press
Release Date : 2015-03-12
The Politics Of Judicial Independence In The Uk S Changing Constitution written by Graham Gee 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 2015-03-12 with Law categories.
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.
The Changing Constitution
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Author : Jeffrey Jowell
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-07-24
The Changing Constitution written by Jeffrey Jowell and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-24 with Law categories.
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.
The Politics Of Court Reform
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Author : Melissa Crouch
language : en
Publisher: Cambridge University Press
Release Date : 2019-09-19
The Politics Of Court Reform written by Melissa Crouch 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 2019-09-19 with Law categories.
Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.
The English Judges
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Author : Robert Stevens
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-10-18
The English Judges written by Robert Stevens and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-18 with Law categories.
In this new book Robert Stevens looks at the English Judiciary from an historical perspective with especial reference to its changing role in the 20th Century. He examines current debates about the position of the judges in the light of the possible future role of the judiciary in the Constitution. The centrepiece of the book is a detailed study of the political influences on the judiciary and the influence the judiciary has had on politics in the 20th Century. It concludes with a series of proposed reforms to ensure that the English judiciary will both maintain its strength but enhance its utility in the 21st Century. It offers no simple-minded argument for separation of powers but analyses what is needed to clarify the balance of powers and to advance the debate about the role of an unelected judiciary in an increasingly democratic society.
A Loss Of Innocence
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Author : Robert Stevens
language : en
Publisher:
Release Date : 2010
A Loss Of Innocence written by Robert Stevens and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The concepts of judicial independence and the separation of powers are used more as terms of political rhetoric than legal concepts in the British constitution. Responsible government significantly merges the executive and the legislative while parliamentary sovereignty has meant that judicial independence has had a peculiar British meaning, rarely unpacked. In practice, in England, (and presumably in the other UK jurisdictions), individual judges are accorded a high degree of independence, while there is no effective independence of the judiciary collectively as a branch of government. This article then asks what impact current constitutional changes will have on this state of affairs. Adherence to the EU, the growth of judicial review and other factors have already had an important impact; devolution, the Human Rights Act and the reform of the House of Lords may have impacts that will be different in both quality and degree. Coupled with other political changes the end result may well be a more effective separation of powers and more real independence for the judges as a branch of government; but that in turn may call for more open and meaningful democratic control over the appointment of judges.
Lions Under The Throne
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Author : Stephen Sedley
language : en
Publisher: Cambridge University Press
Release Date : 2015-09-10
Lions Under The Throne written by Stephen Sedley 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 2015-09-10 with Law categories.
A series of studies of the historical origins and development of modern English public law.
The New Commonwealth Model Of Constitutionalism
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Author : Stephen Gardbaum
language : en
Publisher: Cambridge University Press
Release Date : 2013-01-03
The New Commonwealth Model Of Constitutionalism written by Stephen Gardbaum 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 2013-01-03 with Law categories.
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Debating Judicial Appointments In An Age Of Diversity
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Author : Graham Gee
language : en
Publisher: Routledge
Release Date : 2017-09-11
Debating Judicial Appointments In An Age Of Diversity written by Graham Gee and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-11 with Law categories.
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.
The New British Constitution
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Author : Vernon Bogdanor
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-06-03
The New British Constitution written by Vernon Bogdanor and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-03 with Law categories.
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'.