The courts and the people : friend or foe : the Putney Debates 2019

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書誌事項

The courts and the people : friend or foe : the Putney Debates 2019

edited by D.J. Galligan

Hart, 2021

  • : hb

タイトル別名

The courts and the people : friend or foe?

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注記

"This volume results from the 2019 debates on the subject of the courts ... The following chapters, with one exception, began with the presentations at Putney in March 2019 ... The debate was made possible by the sponsorship of the Foundation for Law Justice & Society, an independent institute, which has now ceased activities but was at the time affiliated with Oxford University and based at Wolfson College."--Pref

Includes bibliographical references (p. [241]-248) and index

内容説明・目次

内容説明

Are the courts our friend or our foe? This book has three parts: Part I considers the case for judicial independence Part II looks at the question 'Is judicial independence under threat?' Part III reflects on whether judicial independence be defended and protected. Prompted by the constitutional crisis following the referendum of 2016, the Foundation for Law Justice and Society convened the second Putney Debates. Now convened on an annual basis, they provide a forum each year for the discussion of matters of constitutional importance. The original Putney Debates were held in St Mary's Church, Putney in 1647. The Civil War had been won, the King was held prisoner, the New Model Army was in control. In late October of that year, the weekly meeting of the High Council of the New Model Army, under the chairmanship of Oliver Cromwell, together with several civilians, turned into a debate about the constitution. This is perhaps the only occasion in modern history that a constitutional convention has been held on the English constitution.

目次

The People and the Courts: An Introduction DJ Galligan, University of Oxford, UK 1. The Case for Judicial Independence in the Age of Populism Robert J Sharpe, University of Toronto, Canada 2. Judicial Independence and Perceptions of Legitimacy Nick Friedman, University of Cambridge, UK 3. The Judicialisation of Politics and Threats to Judicial Independence: When Should We Cry Wolf? Ezequiel Gonzalez-Ocantos, University of Oxford, UK 4. Judicial Independence and Transformative Constitutionalism: Squaring the Circle of Legitimacy Daniel Butt, University of Oxford, UK 5. Self-Fulfilling Prophecies: Populism and Judicial Independence in Europe Bogdan Iancu, University of Bucharest, Romania 6. Judicial Independence: The View from Israel Amir Paz-Fuchs, Sussex University, UK 7. The Nature of Judicial Review in America John W Adams, Rutgers University, USA 8. Under Pressure: Building Judicial Resistance to Political Inference Katarina Sipulova, Masaryk University, Czech Republic 9. Transparency in the 'Fairyland Duchy of Luxembourg' Catherine Barnard, University of Cambridge, UK 10. From Mystery to Transparency: How Judges Promote Public Understanding of the Judicial Role Paul Magrath, Incorporated Council of Law Reporting, UK 11. Legal Elites, Lord Chancellors and Judicial Independence Graham Gee, Sheffield University, UK 12. Ally or Enemy, Friend or Foe DJ Galligan, University of Oxford, UK

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