The Politics of Judicial Independence in the UK's Changing Constitution

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Release : 2015-03-12
Genre : Law
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Book Rating : 533/5 ( reviews)

The Politics of Judicial Independence in the UK's Changing Constitution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Politics of Judicial Independence in the UK's Changing Constitution write by Graham Gee. This book was released on 2015-03-12. The Politics of Judicial Independence in the UK's Changing Constitution available in PDF, EPUB and Kindle. 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

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Release : 2011
Genre : Law
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Book Rating : 718/5 ( reviews)

The Politics of Judicial Independence - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Politics of Judicial Independence write by Bruce Peabody. This book was released on 2011. The Politics of Judicial Independence available in PDF, EPUB and Kindle. 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.

The Limits of Judicial Independence

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Release : 2010-11-22
Genre : Political Science
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Book Rating : 314/5 ( reviews)

The Limits of Judicial Independence - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Limits of Judicial Independence write by Tom S. Clark. This book was released on 2010-11-22. The Limits of Judicial Independence available in PDF, EPUB and Kindle. This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.

The Culture of Judicial Independence

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Release : 2015-01-27
Genre : Law
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Book Rating : 810/5 ( reviews)

The Culture of Judicial Independence - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Culture of Judicial Independence write by Shimon Shetreet. This book was released on 2015-01-27. The Culture of Judicial Independence available in PDF, EPUB and Kindle. 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.

Judicial Independence at the Crossroads

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Release : 2002-04-02
Genre : Law
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Book Rating : 573/5 ( reviews)

Judicial Independence at the Crossroads - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Independence at the Crossroads write by Stephen B Burbank. This book was released on 2002-04-02. Judicial Independence at the Crossroads available in PDF, EPUB and Kindle. This volume is a collection of essays on the contentious issues of judicial independence and federal judicial selection, written by leading scholars from the disciplines of law, political science, history, economics, and sociology.