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The Courts and the People - Friend or Foe: The Putney Debates 2019

The Courts and the People - Friend or Foe: The Putney Debates 2019

Author: D.J. Galligan
Publisher: Hart Publishing
ISBN: 9781509940035

Published In: November 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509952694

List Price: HKD 910.00

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Description
Contents

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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.

The People and the Courts: An Introduction

Denis J. 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 Perspectives and Perceptions of Legitimacy

Nick Friedman (University of Oxford, 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)