Challenged Justice

Challenged Justice

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Bibliographic Details
Main Author: Shetreet, Shimon
Other Authors: Chodosh, Hiram, Eric, Helland
Format: eBook
Language:English
Published: Boston : BRILL, 2021.
Subjects:
Judicial independence.
Online Access:Click for online access
Table of Contents:
  • Half Title
  • Title Page
  • Copyright Page
  • Contents
  • Preface
  • Acknowledgements
  • Table of Cases
  • Table of Legislation
  • Notes on Contributors
  • Chapter 1 General Introduction
  • Part 1: Challenges to Judicial Independence
  • Part 2: Measuring Justice
  • Part 3: Judicial Independence and Impartiality
  • Part 4: Judicial Accountability
  • Part 5: Judicial Protection of Individual Rights
  • Part 6: Rule of Law and Democracy
  • Part 7: Appendices
  • Part 8: In Memoriam
  • Part 1 Challenges to Judicial Independence
  • Chapter 2 Reflections on the Changing Position of the Judiciary
  • 1 Introduction of Lord Thomas by Lord Pannick qc
  • Reflections on the Changing Position of the Judiciary
  • 1 The Factors That are Changing the Position of the Judiciary
  • A Factors That Have Already Had an Effect on the Position of the Judiciary
  • (1) The Acceptance of the Rule of Law
  • (2) The Importance of the Rule of Law to Commercial Development
  • (3) The Expansion of the Scope of the Rule of Law in Relation to Public Issues
  • (4) The Near Universal Acceptance of the Concept of Judicial Independence
  • (5) Criticism of the Judiciary
  • B Factors That Are Likely to Have an Effect on the Position of the Judiciary in the Future
  • (1) State Expenditures on the Justice Sector
  • (2) Digitalisation
  • (3) Globalisation
  • (4) Growth of Non-judicial Determination of Disputes
  • C The Response of the Judiciary
  • (1) Effective and Efficient Working and Governance of the Judiciary
  • (2) The Wider Duty of the Judiciary
  • Promoting Access to Justice and Securing Effective Court Administration
  • (2).1 Access to Justice
  • (2).2 Court Administration
  • (2).3 Engagement with the Public
  • (2).4 Holding others to Account
  • (2).5 Communications with the Media
  • (2).6 Public Accountability of the Judiciary
  • (3) Relations with the Other Branches of the State
  • (4) Relationships between National Judiciaries
  • 2 Conclusion
  • Chapter 3 Threats to Judicial Independence: Traditional Transitions Challenged
  • A The British and U.S. Experiences
  • 1 The British Experience
  • 2 The American Experience with Political Conflicts
  • 2.1 Jurisdiction Stripping
  • 2.2 Impeachment
  • 2.3 Court-Packing
  • 2.4 Directing the Outcome of Cases
  • B Examples of Substantive Transitions in US Law
  • 1 National Power and Fair Labor Standards
  • 2 Free Speech
  • 3 Race and Criminal Justice
  • C Internal Threats to U.S. Judicial Independence
  • 1 Impartiality and Case Assignment
  • 2 Corruption
  • 3 Misconduct and Bias
  • D Challenges to U.S. State Judiciaries
  • 1 Electoral Challenges
  • 2 Impeachment Travails
  • 3 An Institutional Challenge
  • E 5-Nines Reliability and Janus the God of Law
  • Chapter 4 The Rule of Universality and Particularity: Judicial Independence, Judicial Appointments, and Other Issues
  • Introduction
  • i Universality and Particularity

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