The Culture of Judicial Independence in a Globalised World

Administrative / Constitutional Law

The Culture of Judicial Independence in a Globalised World

Edited by Shimon Shetreet · Wayne McCormack
Brill Nijhoff November 2016

Specifications

ISBN-13
9789004307063
Publisher
Brill Nijhoff
Publication
November 2016
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence – both national and international.

This volume The Culture of Judicial Independence in a Globalized World is an academic continuation of the previous three volumes:-

  • Judicial Independence: The Contemporary Debate edited by Professor Shimon Shetreet and Chief Justice Deschenes (Brill/Nijhoff, 1985),
  • The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Brill/Nijhoff, 2012), and
  • The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Brill/Nijhoff, 2014).

Table of Contents

Table of cases
List of legislation
Preface
Acknowledgements
List of contributors

Part I Judicial Independence: Globalized Legal Culture
Chapter One Introduction
Chapter Two The Impact of International Law on Judicial Independence in Domestic Law: The Jurisprudence of the European Court of Human Rights Shimon Shetreet
Chapter Three Reflections on Judicial Independence Marcel Storme
Chapter Four Judicial Independence and Judicial Accountability: Two Sides of the Same Coin Sophie Turenne
Chapter Five Judicial independence in Italy Giuseppe Franco Ferrari
Chapter Six Administrative Justice and the Independence of the Judiciary Graham Zellick, QC

Part II The Challenge of Careful Drawing of Boundaries of Judicial Function
Chapter Seven Limits of the Law Esther Hayut
Chapter Eight The presence of Religious Symbols in Public Schools: the Attitudes of Italian Courts between Historical Legacy and Protection of Minority Beliefs Daniela Cavallini
Chapter Nine The Dark Side of Counter-Terrorism: The argument for a more enlightened approach based on a constitutional law paradigm Arianna Vedaschi*
Chapter Ten Judicial Creativity in Australia and Implications for Judicial Independence H P Lee*

Part III Judicial Independence and Accountability: Contemporary Analysis
Chapter Eleven Judicial Independence Without Power: Norms in Search of Law Wayne McCormack
Chapter Twelve Conflict of Interests as an Exclusionary Factor in the Judicial Nomination Process Sergey Nikitin
Chapter Thirteen Attaining Justice for Foreign Parties in Domestic Courts Fryderick Zoll
Chapter Fourteen The Role of the Legal Profession in Protecting Judicial Independence Jennifer Temkin
Chapter Fifteen Relations between Top Courts and Supra-National Courts Shimon Shetreet
Chapter Sixteen Constitutional Review by The Brazilian Supreme Court: The Case of Civil Arrest Ada Pellegrini Grinover
Chapter Seventeen Judicial Independence in Albania: A Study of Institutional Shields and Political Interference Teuta Vodo

Part IV Domestic Courts and Foreign Elements: Foreign Parties, Foreign Law and Foreign Judges
Chapter Eighteen To Ignore Or Not To Ignore: A Silly Debate In The U.S. Supreme Court? Wayne McCormack
Chapter NineteenUse of Foreign Law By The U.S. Supreme Court Jonathan L. Entin
Chapter Twenty The Foreign Party’s Choice between Arbitration and Court Litigation Neil Andrews
Chapter Twenty-one Legal Aspects Regarding Foreign Parties in Austrian Civil Courts Walter H. Rechberger
Chapter Twenty-two State liability for judicial wrongs: Impact of Rulings of the European Court of Justice and Debate in Italy Daniela Cavallini*
Chapter Twenty-three The Expatriate Judges and Rule of Law in Hong Kong: Its Past, Present and Future Lin Feng*
Chapter Twenty-four Resolving Cross Country Tax Disputes in Cases of International Economic Double Taxation Yitzhak Hadari
Part V Judicial Attitude towards “Others” in Domestic Courts
Chapter Twenty-five Citizens and Aliens in U.S. Courts Wayne McCormack
Chapter Twenty-six Addressing the Otherness of Hispanic Immigrants in Florida Criminal Courts George W. Maxwell III*

Part VI Recent Amendments to the Mt Scopus International Standards of Judicial Independence
Chapter Twenty-sevenAmendments to the Mt Scopus Standards (Moscow Conference, Osnabrueck Conference and Bologna and Milan Conference) Shimon Shetreet
Chapter Twenty-eight Towards a Global Code of Judicial Ethics Shimon Shetreet

Part VII Text of the International Standards on Judicial Independence

Appendix I
Appendix II
Appendix III
Appendix IV
Index.
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