The culture of judicial independence : rule of law and world peace
著者
書誌事項
The culture of judicial independence : rule of law and world peace
Brill Nijhoff, c2014
- : hardback
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
This volume offers an in depth analysis of current issues of culture of judicial independence in comparative perspective by senior academics, judges and practitioners across jurisdictions. It deals with central topics that stand high in the academic and public discourse on the role of judges in society and in the system of government, their constitutional position, and the relations between top domestic courts and international and supra-national courts.
目次
- Table of Cases
- Table of Legislation
- Preface
- Acknowledgements
- List of Contributors PART I: General Chapter 1: General Introduction Chapter 2: Judicial Independence, Liberty, Democracy, and International Economy Shimon Shetreet
- Chapter 3: Accountability of Judicial Service Commissions to the law: The case of South Africa Christopher Forsyth
- Chapter 4: Reflections on Judicial Independence: Past Achievements and Future Agenda. Marcel Storme
- PART II: Judicial Independence, Human Rights, Democracy, the Rule of Law and World Peace Chapter 5: Judging the Independence and Integrity of Foreign Courts Neil H. Andrews
- Chapter 6: The Role of The Supreme Court in the Protection of Religious Liberty and Secular Values: How Much Autonomy Do You Want? Maimon Schwarzschild
- Chapter 7: Culture of Peace in Europe and The Development of the Human Rights Protection in the EU Shimon Shetreet
- Chapter 8: Globalization of Human Rights and Mutual Influence between Courts: The Innovative Reverse Path of the Right to the Truth Professor Arianna Vedaschi
- PART III: Constitutional Position of Top Courts Chapter 9: The Independence of the Judiciary in Belgium Marc Bossuyt
- Chapter 10: On Fairness Louis Blom-Cooper
- Chapter 11: The Conceptual Definition of the Constitutional Court in Italy Giuseppe Franco Ferrari
- PART IV: Relations between the Judiciary and the Other Branches of Government Chapter 12: The Scope of Judicial Review and the Rule of Law: Between Judicial Restraint and Judicial Activism Louis Blom-Cooper
- Chapter 13: Entering the Political Thicket: The Role of the Judiciary as an Arbiter in Relation to Making and Implementation of Public Policy Anton Cooray
- Chapter 14: On Judges Writing Commentaries: Is It Appropriate For A Judge To Engage In Outside Activities? Fryderyk Zoll
- Chapter 15: Procedural Guarantees of Independence and Impartiality of Judges in Russia Sergey V. Nikitin
- Chapter 16: The Relationship of the Judiciary and Legislature in Australia Hoong Phun Lee
- PART V: Impartiality of the Judicial Process Chapter 17: Relations Between the Court and the Parties in the Managerial Age Neil H. Andrews
- Chapter 18: Independence of Court Proceedings: Impartiality and Fairness Dmitry V. Magonya
- Chapter 19: Recusal of judges: A Commonwealth Survey of the Applicable Tests Cyrus Das
- Chapter 20: Comparative Perspectives on the Status of Codes of Judicial Ethics Shimon Shetreet
- PART VI: International Courts and Cross Country Issues Chapter 21: Judicial Independence in the Context of International Investment Law Wang Guiguo
- Chapter 22: Judicial Impartiality in International Courts: Of Law and Corruption Wayne McCormack
- Chapter 23: Arbitral Awards and Errors of English Law: Refining The Law - making Function of The Judicial Appeal System Neil H. Andrews
- Chapter 24: The Influence of the European Convention on Human Rights on Judicial Independence in Criminal Procedural Law in Switzerland Andrea Danuser
- PART VII: Judicial Selection Chapter 25: Recent Developments in Judicial Elections in the United States and their Impact on Impartiality of Judges Chandra R Desilva
- Chapter 26: Culture and Judicial Independence in Civil Procedure Dmitry Maleshin
- Chapter 27: Constitutional Adjudication and Appointments to the UK Supreme Court Sophie Turenne
- Chapter 28: Appointment of Judges and Legal Responsibility of Judges: Guarantees of Independence in Russia Sergey Nikitin
- Chapter 29: The Bumpy Road Towards Judicial Independence: Past, Present and Future Prospects of Mainland China Liu Hao
- Chapter 30: Administrative Justice System In Italy Giuseppe F. Ferrari
- PART VIII: International Standards of Judicial Independence Chapter 31: Judicial Independence and the Three Highest Courts in Austria Walter H. Rechberger
- Chapter 32: Analysis of the Recent Amendments to the Mt. Scopus International Standards of Judicial Independence Shimon Shetreet
- PART IX: Text of the International Standards of Judicial Independence Appendix I - The Mt. Scopus International Standards of Judicial Independence 2008 (2013) Appendix II - The New Delhi Code of Minimum Standards of Judicial Independence (1982) Appendix III - Montreal Universal Declaration on the Independence of the Justice System (1983) In Memoriam: The Late HE Markus Buechel Index.
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