Judicial Independence Under Threat

Author: Dimitrios Giannoulopoulos; Yvonne McDermott
Publisher: Oxford University Press
ISBN: 9780197267035
Published In: July 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Judicial independence is increasingly under threat. The rise of populism risks undermining the separation of powers, with some politicians, media outlets and members of the public taking aim at judges, labelling them as part of the establishment and the elite, the 'enemies of the people'. Judicial Independence Under Threat seeks to situate these contemporary challenges to judicial independence in their proper legal, philosophical, political and historical contexts. It brings academic scholars from a variety of disciplines together with judges, politicians and legal professionals and asks what core shared values of our legal and political systems judicial independence seeks to protect, and how threats to that independence can be protected against. What can we learn from comparative, historical, political, philosophical, and legal insights on the separation of powers, and what means can we discover to prevent against challenges to the independence of judges in times of crisis?

Part I: Identifying and Understanding Threats to Judicial Independence

1. 'Enemies of the People': Populism's Threat to Independent Judiciaries, JAN-WERNER MÜLLER

2. The Rule of Law Across the World: A System in Crisis?, SCHONA JOLLY QC

3. Judicial Independence Under Threat: What is the Matter with Our Politicians?, DOMINIC GRIEVE QC

4. Understanding Judicial Independence in the Age of Outrage, MARTINA Y. FEILZER

5. 'Enemies of the People': Article 50, the Press and Anti-Juridicalism, JULIAN PETLEY

Part II: Judicial Independence: International and Historical Perspectives

6. Judicial Independence and Two Visions of American Democracy, DAVID ALAN SKLANSKY

7. Is There a French Habeas Corpus? Thinking About the Control by an Independent Judicial Authority over the Deprivation of Liberty before Criminal Trials, RAPHAËLE PARIZOT

8. Judicial Independence and the Prevention of Atrocity Crimes in Myanmar, DANIEL AGUIRRE

9. Identifying Dangers to Democracy: Fascism, the Rule of Law and the Relevance of History, STEPHEN SKINNER

Part III: Judicial Independence in Context: From Criminal Justice to 'Law and Emotions' Studies and Looking to the Future of Judicial Independence

10. Judicial Independence and Countering Terrorism in the UK, JOHN D. JACKSON

11. The Parole Board as an Independent Judicial Body, and Challenges to its Independence, HH JEREMY ROBERTS QC

12. The Judge Under Pressure: Fostering Objectivity by Abandoning the Myth of Dispassion, MOA BLADINI AND STINA BERGMAN BLIX

13. Epilogue: Judicial Independence: The Need for Constant Vigilance, THE RIGHT HON. THE LORD THOMAS OF CWMGIEDD

14. Conclusion: On 'Crisis' and Threats to Judicial Independence as Constant Features in the Landscape of Judicial Activity, YVONNE MCDERMOTT AND DIMITRIOS GIANNOULOPOULOS