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Challenged Justice: In Pursuit of Judicial Independence

Challenged Justice: In Pursuit of Judicial Independence

Author: Shimon Shetreet; Hiram Chodosh; Helland Eric
Publisher: Brill Nijhoff
ISBN: 9789004421547
Published In: August 2021
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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 421 Appendix II Bologna, Milano Global Code of Judicial Ethics 2015 456 Appendix 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