Policy Making In An Independent Judiciary

Author by : Gunnar Grendstad
Languange : un
Publisher by : Ecpr Press
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Description : How do the justices of a nation's highest court arrive at their decisions? In the US Supreme Court, the answer is well established: justices seek to enshrine policy preferences in their decisions, but do so in a manner consistent with 'the law' and in recognition that they are members of an institution with defined expectations and constraints. Using Norway as a case study, this book shows that such forces are not peculiar to the decisional behaviour of American justices. Employing a modified attitudinal model, the authors establish that the preferences of Norway's justices are related to their decisions. Consequently, they show how an understanding of judicial behaviour developed and most fully tested in the American judicial system is transportable to the courts of other countries.


A Distinct Judicial Power

Author by : Scott Douglas Gerber
Languange : un
Publisher by : Oxford University Press
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Description : 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

Author by : B. C. Smith
Languange : un
Publisher by : Taylor & Francis
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Total Read : 90
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Description : 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.


The Independence Of Judges

Author by : Nils A. Engstad
Languange : un
Publisher by : Eleven International Pub
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Total Read : 37
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Description : An independent judiciary is crucial for upholding the rule of law and for the protection of human rights in a democratic society. The Independence of Judges is an anthology, illustrating that there is still a need for further exploration and reflection on various aspects of the principle of judicial independence. The book presents 22 articles, written from different perspectives and analyses by judges, lawyers, public prosecutors, and scientists in the areas of law, social sciences, and media science. The book's contributions provide an overview of historical developments, as well as issues of current interest in developed countries and in countries in transition, regarding the independent judge. It promotes reflection and debate on universal issues related to the independence of judges. The Independence of Judges will be of interest for anyone concerned with democracy and democracy-building by upholding the rule of law. *** "The Norwegian Association of Judges published a book on judicial independence to celebrate its 100th anniversary in 2012. With adaptations for an international audience, the book, originally issued in Norwegian, has been issued in English, containing 22 essarys on various aspects of judicial independence. The book closes with an interesting essay of judges with the media. For those interested in cross-national perspectives on judicial independence, the book would be of interest." - Court Review, the journal of the American Judges Association, Fall 2014 [Subject: Constitutional Law, Judicial Procedure, Socio-Legal Studies, Human Rights Law, Politics]


An Independent Judiciary And A Democratic State

Author by : Motilal Chimanlal Setalvad
Languange : un
Publisher by :
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Description : With particular reference to vulnerability of the Constitution of India in relation to powers of the Parliament.


The Judiciary In Iraq

Author by : Chief Justice Madhat al-Mahmood
Languange : un
Publisher by : iUniverse
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Total Read : 92
Total Download : 892
File Size : 53,8 Mb
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Description : After simmering in the background through the nineties, Iraq burst into the awareness of many when it became a battleground against the war on terror under the Bush administration. Few realize that in the midst of the fierce policy battles, one partially implemented state-building exercise took root, and Iraq became the first country in the Middle East, democracy or otherwise, to have a constitutionally mandated independent judicial branch.In The Judiciary in Iraq, Madhatal-Mahmood, chief justice of Iraq, examines the many elements contributing to the creation of the first independent judicial branch in the Middle East in 2003, tracing the roots of the Iraqi judicial system from Islamic and Ottoman origins through to the fortuitous opportunity created by the US state-building machinery that so often misfired. Providing guidance for support to the justice sector in Iraq and to new democracies in the region, Chief Justice al-Mahmood draws on his decades of work in both academic and government sector positions to discuss why Iraqi courts were positioned for independence in 2003 and on how the new branch has expanded access to services in spite of challenges.This study examines the evolution of the judiciary and courts in Iraq, starting from pre-Islamic developments, and then moving through the impact of Ottoman and British rule before considering the role of the judiciary and courts in a modern, stable, and democratic state in the Middle East following US interventions.


The Dynamics Of Judicial Independence

Author by : Lorne Neudorf
Languange : un
Publisher by : Springer
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Total Read : 92
Total Download : 159
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Description : 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.


Strengthen The Judiciary S Independence In Europe

Author by : Peter-Alexis Albrecht
Languange : un
Publisher by : BWV Verlag
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Total Read : 28
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Description : HauptbeschreibungThe Consultative Council of European Judges at the Council of Europe (CCJE) rightly characterized judicial autonomy, that is, the independence of impartiality of the third state power, as a "structured requirement of a state governed by the rule of law" (cf. position no. 8 from no. 10/2007 in the appendix). To do justice to the principle of the separation of powers as an accomplishment of the European Enlightenment, the autonomy of the third power must be subject to the same basic principles throughout Europe as the European Union draws closer together. Until this happens, it.


An Independent Judiciary

Author by : American Bar Association. Commission on Separation of Powers and Judicial Independence
Languange : un
Publisher by :
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Total Read : 9
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An Independent Judiciary

Author by : American Bar Association. Commission on Separation of Powers and Judicial Independence
Languange : un
Publisher by :
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Total Read : 78
Total Download : 833
File Size : 48,9 Mb
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Description :


Roads To The Rule Of Law

Author by : James Howard Rosberg
Languange : un
Publisher by :
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Total Read : 28
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Description :


South Sudan

Author by :
Languange : un
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 70
Total Download : 390
File Size : 45,9 Mb
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Description :


The Judiciary In Iraq

Author by : Chief Justice Madhat Al-Mahmood
Languange : un
Publisher by : iUniverse
Format Available : PDF, ePub, Mobi
Total Read : 32
Total Download : 824
File Size : 53,5 Mb
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Description : It's not easy to speak about death in our culture. As children of revolution, we think of our country as young, energetic, and future oriented. Our ideals of progress and vigor seem contradicted by the concept of death. But the silence about death in America is a lost opportunity for people to find insight and support in walking "that lonesome valley." In Befriending Death, over 100 writers respond, in one page each, to one question: In the face of death, how do you find meaning and fulfillment in life? Penned from people from a variety of backgrounds, the essays take death seriously and openly and discuss how the authors find meaning in life. This chance for a rare sharing of views on a truly profound subject has attracted commentators who are deeply religious and those who are not religious, noted authors and people who have never published a word, people celebrated by the world and people ignored by the world. As they are all equal in their mortality, they are equal in striving for an authentic existence and an honest description of what for them constitutes fulfillment. While each essay in Befriending Death is unique, together they present a tapestry of courage, struggle, and insight. At a time when we are often overwhelmed by the eagerness of people to provide their opinions on politics and sports, here is a rare opportunity to hear people share their most profound views on life and death.


Rule Over Law

Author by : International Crisis Group
Languange : un
Publisher by :
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Total Read : 57
Total Download : 612
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An Independent Judiciary

Author by : Joseph Henry Smith
Languange : un
Publisher by :
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Total Read : 95
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The Supreme Court As Legislator

Author by : University of Chicago. Law School
Languange : un
Publisher by :
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Total Read : 56
Total Download : 337
File Size : 40,6 Mb
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Judges And Democratization

Author by : B. C. Smith
Languange : un
Publisher by : CreateSpace
Format Available : PDF, ePub, Mobi
Total Read : 78
Total Download : 931
File Size : 54,5 Mb
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Description : 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. Judicial activism raises concerns that the legitimate authority of elected legislatures is being usurped. Consequently, demands have been voiced to make the judiciary more accountable. Judges and Democratization asks how 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.


Separation Of Powers

Author by : Fred J. Nichol
Languange : un
Publisher by :
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Total Read : 22
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Description :


Symposium

Author by :
Languange : un
Publisher by :
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Total Read : 26
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Description :


Judicial Independence In The Western Balkans

Author by : Blerim BURJANI
Languange : un
Publisher by :
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Total Read : 56
Total Download : 606
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Description : The independence of the judiciary is generally taken as the cornerstone of the rule of law and the legitimacy for the functioning of the state and democracy as well. Numerous international documents and agreements, such as the United Nations Basic Judicial Principles and the European Charter on the Status of Judges, emphasize the importance of judicial independence and try to describe the main elements of an independent judiciary, which is of particular importance. Although, there is no clear definition of the term "independence of the judiciary", it can generally be said that the level at which judges are independent is determined by two determinants factor : by the way judges are protected from impacts irregular by many parties, as persons or institutions - from the extent to which judges think, act and make their views independently, regardless of other factors, other than the facts regarding the case and the law in force. The first factor refers to the legal system, namely the legal framework, but in practice the judicial system, while the second factor refers more to the opinion of the judges.