The Culture of Judicial Independence : Conceptual Foundations and Practical Challenges.

This volume analyzes the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions.

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Bibliographic Details
Main Author: Shetreet, Shimon
Other Authors: Forsyth, Christopher
Format: eBook
Language:English
Published: Dordrecht : BRILL, 2011.
Subjects:
Online Access:Click for online access
Table of Contents:
  • The Culture of Judicial Independence; Copyright; Contents; Table of Cases; Table of Legislation; Preface; Acknowledgements; List of Contributors; Chapter One. General Introduction; Part I
  • The Significance of the Independence of the Judiciary; Chapter Two. Creating a Culture of Judicial Independence: The Practical Challenge and the Conceptual and Constitutional Infrastructure; Chapter Three. The Failure of Institutions: The South African Judicial Service Commission and the Hlophe Saga; Chapter Four. Independence of the Judiciary: The European Perspective.
  • Chapter Five. A Fresh Start: The Four Pillars of Civil JusticePart II
  • The Judiciary and the Other Branches of Government; Chapter Six. Judicial Independence and the Rule of Law: Exploring the European Experience; Chapter Seven. The Rule of Law vs. The Rule of Judges: A Brandeisian Solution; Chapter Eight. The Threats to Judicial Independence: Experiences from the Commonwealth; Chapter Nine. Corruption and Judicial Independence; Chapter Ten. Judicial Independence in the Face of Violence; Chapter Eleven. Judicial Independence and Judicial Hubris.
  • Part III
  • Judicial Independence in International Law and National LawChapter Twelve. The Independence and Impartiality of the 'International Judiciary'; Chapter Thirteen. The Independence of International Judges in National Courts: Lessons from Bosnia and Herzegovina; Chapter Fourteen. The Impact of the ECHR Jurisprudence on the Austrian Practice in the Field of Judicial Independence; Chapter Fifteen. The Independence of International Arbitrators; Chapter Sixteen. Judicial Independence as an Indicator of International Court Effectiveness: A Goal-Based Approach.
  • Chapter Seventeen. Separation of Powers and the International Judiciary
  • A Vision of Institutional Judicial Independence in International LawPart IV
  • Judicial Appointment, Judicial Conduct and Judicial Accountability; Chapter Eighteen. The Supreme Court of Canada Appointment Process: Chronology, Context and Reform; Chapter Nineteen. The System of Judicial Appointment in Poland
  • A Question of the Legitimacy of the Judicial Power; Chapter Twenty. Courts and the Media: Opening New Doors: Current Aspects of Court
  • Media Interaction in Israel.
  • Chapter Twenty One. Independence and Judicial Discipline: The Italian Code of Judicial ConductChapter Twenty Two. The Age of Judicial Responsibility: The Retirement and Resignation of Appellate Court Judges; Chapter Twenty Three. Standards of Judicial Behaviour and the Impact of Codes of Conduct; Part V
  • Country Studies of Judicial Independence; Chapter Twenty Four. Judicial Independence: The British Experience; Chapter Twenty Five. A Recent Challenge to Judicial Independence in Sri Lanka: The Issue of the Constitutional Council.
  • Chapter Twenty Six. Challenges of Judicial Independence
  • an Australian Perspective.