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Challenged Justice: In Pursuit of Judicial Independence de Shimon Shetreet

Challenged Justice: In Pursuit of Judicial Independence

Editat de Shimon Shetreet, Hiram Chodosh, Helland Eric
en Limba Engleză Hardback – 25 aug 2021
Challenged Justice: In Pursuit of Judicial Independence is an academic continuation of the previous volumes on judicial Independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, and Wayne McCormack. All books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014) and The Culture of Judicial Independence in a Globalised World (2016).
This book offers academic articles by distinguished jurists on judicial independence and judicial process in many jurisdictions including indicators of justice and analysis of international Standards on judicial independence and judicial ethics.
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Specificații

ISBN-13: 9789004421547
ISBN-10: 9004421548
Dimensiuni: 155 x 235 mm
Greutate: 0.91 kg
Editura: Brill
Colecția Brill | Nijhoff

Cuprins

Preface
Acknowledgements
Table of Cases
Table of Legislation
Notes on Contributors

1 General Introduction
Shimon Shetreet

PART 1
Challenges to Judicial Independence

2 Reflections on the Changing Position of the Judiciary
Lord Thomas with Introduction by Lord Pannick

3 Threats to Judicial Independence
Traditional Transitions Challenged
Wayne McCormack

4 The Rule of Universality and Particularity
Judicial Independence, Judicial Appointments and Other Issues
Shimon Shetreet

PART 2
Measuring Justice

5 Quality of Justice for Citizens
From Courts Standards to Equal Access for All
Daniela Piana

6 Commodification of Justice--A Personal View on Managerial Performance Indicators in the Judicial Context
Michael Bohlander

7 Judicial Independence Through Data-Driven Knowledge, Open Data, and Artificial Intelligence from a European Perspective
Gianpaolo Maria Ruotolo

8 Judicial Independence
A French Paradoxical Pattern in the European Field
Emmanuel Cartier

PART 3
Judicial Independence and Impartiality

9 Global Perspectives of Judicial Independence
Structural Transitions and Turmoil
Wayne McCormack

10 The Struggle to Defend the Independence of the Judiciary in Africa
Charles Manga Fombad

11 The Transformation of Judicial Independence in Belarus in The Post-Communist Era
Ksenyia Laputko

12 Aged Clichés, Different Suburb
Justice in Romania: Crisis Vs. Independence
Sebastian Spinei

13 Family Ties and Judicial Independence
Jonathan L. Entin

PART 4
Judicial Accountability

14 Judges’ Responsibility and Accountability
Eliezer Rivlin

15 The Code of Conduct for the Justices of the Federal Constitutional Court of Germany
Thorsten Ingo Schmidt

16 Judges On and Off the Bench
The Outreach of Independence
Louis Blom-Cooper

PART 5
Judicial Protection of Individual Rights

17 Judicial Role in the Protection of Social Rights
Giuseppe Franco Ferrari

18 The Judicial Role in the United States and the Political Question Doctrine
Maimon Schwarzschild

PART 6
The Rule of Law and Democracy

19 Fighting for Political Liberalism
The Role of Lawyers in Mobilizing for Judicial Independence
Mónica Castillejos-Aragón

20 Matters of the Judiciary
A Role for Bar Associations
Cyrus Das

21 Democracy Challenged
Theoretical Foundations of the Concept of Judicial Independence and the Contemporary Challenges—Comparative Perspectives
Shimon Shetreet

22 Analysis of the Amendments of Mount Scopus Standards of Judicial Independence and the Bologna and Milan Global Code of Judicial Ethics (Adopted 2016–2019)
Shimon Shetreet

PART 7
Appendices

Appendix I Mount Scopus International Standards of Judicial Independence 421Appendix II Bologna, Milano Global Code of Judicial Ethics 2015 456Appendix III The New Delhi Code of Minimum Standards of Judicial Independence (Adopted by the IBA New Delhi Convention 1982)
Appendix IV Montreal Universal Declaration on the Independence of Justice
Appendix V UN Basic Principles on the Independence of Judges and Lawyers
Appendix VI United Kingdom Supreme Court Guide to Judicial Conduct (2019)
Appendix VII Code of Conduct for the Justices of the Federal Constitutional Court of Germany

PART 8
In Memoriam

1 In Memoriam- Professor Marcel Storme
2 In Memoriam- Professor Sir Louis Blom- Cooper, QC

Index

Notă biografică

Shimon Shetreet is the Greenblatt Chair of Public and International Law at the Hebrew University of Jerusalem, Israel (emeritus). He is a Member of the Royal Flemish Academy of Arts and Sciences of Belgium and the author and editor of many books on the judiciary. He is the President of the International Association of Judicial Independence and World Peace and the leader of the International Project of Judicial Independence and the Mt Scopus International Standards of Judicial Independence 2008. Between 1988 and 1996 he served as a Member of the Israeli Parliament, and was a cabinet minister under Yitshak Rabin and Shimon Peres. He also served as Senior Deputy Mayor of Jerusalem. He was a Judge of the Standard Contract Court and served as a member of the Chief Justice Landau Commission on the Israeli Court System.

Hiram E. Chodosh is President and Professor of Claremont McKenna College. He served as Dean of the S.J. Quinney College of Law at the University of Utah, and Hugh B. Brown Endowed Presidential Professor of Law and Senior Presidential Adviser on Global Strategy. Distinguished scholar and author.

Eric Helland is the William F. Podlich Professor of Economics and George R. Roberts Fellow at Claremont McKenna College and an adjunct economist at the RAND Corporation, in the Institute for Civil Justice. He is the author of over 50 books and scientific articles.