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

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

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Book Synopsis The Politics of Judicial Independence in the UK's Changing Constitution by : Graham Gee

Download or read book The Politics of Judicial Independence in the UK's Changing Constitution written by Graham Gee. This book was released on 2015-03-12. Available in PDF, EPUB and Kindle. Book excerpt: 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

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

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Book Synopsis The Politics of Judicial Independence by : Bruce Peabody

Download or read book The Politics of Judicial Independence written by Bruce Peabody. This book was released on 2011. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judicial Independence from the Executive

2014
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Release : 2014
Genre :
Kind : eBook
Book Rating : 904/5 ( reviews)

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Book Synopsis Judicial Independence from the Executive by : Rebecca Ananian-Welsh

Download or read book Judicial Independence from the Executive written by Rebecca Ananian-Welsh. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: "This report details how the Australian judiciary has asserted its independence from the executive arm of government. It does so by examining the case law of federal, state and territory courts in light of domestic and international understandings of the concept of judicial independence. It also identifies how judges have asserted their independence by way of extra-curial activity, such as speeches and letters to members of the executive." - extract from "Executive Summary"

The Culture of Judicial Independence

2011-11-11 Political Science
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Release : 2011-11-11
Genre : Political Science
Kind : eBook
Book Rating : 339/5 ( reviews)

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Book Synopsis The Culture of Judicial Independence by : Shimon Shetreet

Download or read book The Culture of Judicial Independence written by Shimon Shetreet. This book was released on 2011-11-11. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Separation of Powers in the Contemporary Constitution

2010-12-02 Law
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Release : 2010-12-02
Genre : Law
Kind : eBook
Book Rating : 295/5 ( reviews)

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Book Synopsis The Separation of Powers in the Contemporary Constitution by : Roger Masterman

Download or read book The Separation of Powers in the Contemporary Constitution written by Roger Masterman. This book was released on 2010-12-02. Available in PDF, EPUB and Kindle. Book excerpt: In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.

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