The independence of the judiciary : the view from the Lord Chancellor's Office

著者

書誌事項

The independence of the judiciary : the view from the Lord Chancellor's Office

Robert Stevens

Clarendon, 1997

  • : pbk.

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注記

Originally published: 1993

Includes bibliographical references (p. [199]-206) and index

内容説明・目次

内容説明

This is the paperback edition of Robert Stevens' popular and widely reviewed book concerned with the independence of the judiciary in England. Using records kept by the Lord Chancellor's office Robert Stevens charts the progress of the concept of judicial independence through the Victorian era and the early twentieth century up to 1963, the most recent year for which records were available to the author. In reading the book we are reminded that of all our great institutions the judiciary has been subject, in modern times, to perhaps the least scrutiny and reform. Robert Stevens' scholarly and entertaining book explains, with the help of many valuable jurisprudential and social insights why this is so, and in the process offers the reader an unusual and very candid picture of the careers and lives of many of England's best known judges and politicians.

目次

  • Part 1 The Lord Chancellor's Office and the age of Muir-Mackenzie: the founding of the Lord Chancellor's Office
  • the Muir-Mackenzie era
  • the imperial dimension
  • the changing concept of the judiciary. Part 2 The Schuster era - high policy: the machinery of government and the long weekend
  • a little matter of constitutionalism
  • the Hewart explosion. Part 3 Schuster and the judges: choosing the judges
  • county court salaries - the doctrine of unripeness
  • pay claims - the high court and high drama. Part 4 Schuster and the end of empire: the judicial committee - the beginning of the end
  • a case study of Canada. Part 5 The era of Napier and Coldstream - numbers, appointment and control of the judges: the number of judges
  • choosing the judges
  • controlling the judges
  • the executive and the judiciary. Part 6 The end of Napier and Coldstream - the use of the judiciary: the uses of ignorance, impartiality and independence
  • the classic case - the restrictive practices court
  • restrictive practices - the public doubts
  • another spoke in the wheel - the Lord Chancellor's Office and committees. Part 7 Judicial salaries from the 1940s to the 1980s: the Labour years 1945-1951
  • the Conservative administration 1951-1964
  • the later years. Part 8 The later years - vignettes from the end of empire: Canada resiles - Sri Lanka pursues
  • and who, pray, shall sit?. Epilogue: the last decades
  • the perplexing problems of judicial independence
  • criticizing the judiciary
  • the judiciary reformed?
  • the Lord Chancellor's department and the future.

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