The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges


This volume analyzes the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions.
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This volume analyzes the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions.
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Editorial Reviews

From the Publisher
"Shetreet and Forsyth’s collection makes a significant contribution to the comparative literature on judicial independence and is a worthy successor to the 1985 book.
(...) Shetreet and Forsyth’s book is a tremendous resource for a wide audience of lawyers and scholars (...)."
Lorne Neudorf, The Modern Law Review 2013, 76(1), 178–190.
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Product Details

  • ISBN-13: 9789004188334
  • Publisher: Brill Academic Publishers, Inc.
  • Publication date: 11/11/2011
  • Pages: 642
  • Product dimensions: 6.70 (w) x 9.60 (h) x 1.70 (d)

Meet the Author

Shimon Shetreet is Professor of Law at the Hebrew University of Jerusalem, Israel. He holds the Greenblatt chair of public and international law and is past chairman of the Sacher Institute of Legislative Research and Comparative Law. Professor Shimon Shetreet was a Member of the Chief Justice Landau Commission on the Israeli Court System, 1980, and a Judge on the Standard Contract Court (1981-88). Professor Shetreet is author and editor of a number of books, including Judges on Trial (1976), Judicial Independence: The Contemporary Debate (1985), The Role of Courts in Society (1988) , National Security and Free Speech (1991),Pioneers in Tears: Anthology on North African Jewry (1991), Justice in Israel (1994), Women in Law (1998), The Good Land between Power and Religion (1998), Law and Social Pluralism (2002) and On Adjudication (2004 ). He is the author of numerous publications in legal journals in Israeli and overseas law reviews. Professor Shetreet’s book Judges on Trial: A Study of the Appointment and the Accountability of the English Judiciary(1976) was relied upon by the House of Lords in the Pinochet Case in January 1999 and this and other works have also been relied upon as well in numerous highest court cases in other countries – Canada, Australia, New Zealand and India. He served as General Coordinator, International Bar association Project for Minimum Standards of Judicial Independence 1980-1982, Speaker, General Rapporteur and Chairman in numerous legal international conferences of leading academic and professional organizations, including, International Bar Association, First World Conference on the Independence of Justice, Congress of Comparative Law and International Association on Procedural Law. In recent years Professor Shetreet together with Professor Forsyth was the head of the international project on judicial independence which held five international conferences. Professor Shetreet has held high public offices. Between 1988 and 1996 he served as Member of the Knesset the Israeli Parliament. His past government positions include a cabinet Minister in the Rabin Government where he served as Minister of Economy and Planning, Minister of Science and Technology, Minister in charge of the Second Television and Radio Authority and Minister of Religious Affairs. In addition to his distinguished academic career and his public offices he also held high business positions including member of the board of Bank Leumi and Chairman of the Board of Mishaan.

Christopher Forsyth is Professor of Public Law and Private International Law in the University of Cambridge. He is the author of many books and articles in scholarly journals on Public Law and Private International Law but of particular importance for present purposes are his books, In Danger for their Talents: A study of the Appellate Division of the Supreme Court of South Africa from 1950 (Juta & Co,1985) and Administrative Law (10th ed, OUP, 2009) with the late Sir William Wade QC (This is the standard textbook on Administrative Law in England and other common law jurisdictions. It is widely read by students, and regularly relied upon by practitioners and judges throughout the Commonwealth). He is also a barrister (of the Inner Temple (elected Bencher elected 2003)) with Chambers in London. He sits as a Recorder (part-time judge) on the South Eastern Circuit. He is also Director of the Centre for Public Law in the University of Cambridge. He has worked with several governments advising on constitutional and administrative law questions of the highest moment.

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Table of Contents

Table of Contributors; Table of Cases; Table of Legislation; Preface - Prof. Shimon Shetreet
Preface - Prof. Christopher Forsyth;
Chapter 1 General Introduction
Part 1 - The Significance of the Independence of the Judiciary
Chapter 2 Prof. Shimon Shetreet Creating a Culture of Judicial Independence: The Practical Challenge and the Conceptual and Constitutional Infrastructure
Chapter 3 Prof. Christopher Forsyth The Failure of Institutions: The South African Judicial Service Commission and the Hlophe Saga
Chapter 4 Prof. Marcel Storme Independence of the Judiciary: The European Perspective
Chapter 5 Prof. Neil Andrews A Fresh Start: The Four Pillars of Civil Justice
Part 2 - The Judiciary and the Other branches of Government
Chapter 6 Prof. Carlo Guarnieri and Prof. Daniela Piana Judicial Independence and the Rule of Law: Exploring the European Experience
Chapter 7 Late Prof. Stephan Goldstein The Rule of Law vs. the Rule of Judges: a Brandesian Solution
Chapter 8 Dato' Dr. Cyrus Das The Threats to Judicial Independence: Experiences from the Commonwealth
Chapter 9 Prof. Hiram E. Chodosh Corruption and Judicial Independence
Chapter 10 Prof. Wayne McCormack Judiciary, Military, and Harshness of Violence
Chapter 11 Prof. Maimon Schwarzschild Common Law, Private Law, and Judicial Independence
Part 3 - Judicial Independence in International Law and National Law
Chapter 12 Prof. James Crawford and Mr. Joe McIntyre The Independence and Impartiality of the 'International Judiciary'
Chapter 13 Prof. David Feldman The Independence of International Judges in National Courts: Lessons from Bosnia Herzegovina
Chapter 14 Prof. Dr. Walter Rechberger The Impact of the ECHR Jurisprudence on the Austrian Practice in the Field of Judicial Independence
Chapter 15 Adv. H.E. Markus Buechel The Independence of International Arbitrators
Chapter 16 Prof. Yuval Shany Judicial Independence as an Indicator of International Court Effectiveness: A goal-based approach
Chapter 17 Prof. Michael Bohlander Separation of Powers and the International Judiciary – A Vision of Institutional Judicial Independence in International Law
Part 4 – Judicial Conduct and Judicial Accountability
Chapter 18 The Hon. Prof. Irwin Cotler, M.P. The Supreme Court of Canada Appointment Process: Chronology, Context and Reform
Chapter 19 Prof. Dr. hab. Fryderyk Zoll Appointment of Judges in Polish Law – A Question of the Legitimacy and of the Judicial Power
Chapter 20 Justice Eliezer Rivlin The Judiciary and the Media
Chapter 21 Daniela Cavallini Independence and Judicial Discipline: the Italian Code of Judicial Conduct.
Chapter 22 Prof. Sir Louis Blom-Cooper, QCThe Age of Judicial Responsibility: the Retirement and Resignation of Appellate Court Judges
Chapter 23 Prof. Anton Cooray Standards of Judicial Behavior and the Impact of Codes of Conduct
Part 5 – Country Studies of Judicial Independence
Chapter 24 Prof. Neil Andrews Judicial Independence: The British Experience
Chapter 25 Prof. Chandra R. de Silva A Recent Challenge to Judicial Independence in Sri Lanka: The Issue of the Constitutional Challenge
Chapter 26 Prof. Hoong Phun ('HP') Lee Challenges of Judicial Independence: An Australian Perspective
Chapter 27 Prof. Avrom Sherr Shrinking Legal Aid, Unrepresented Litigants and Judicial Independence
Chapter 28 Dr. Sophie Turrene The Northern Irish Judiciary in Times of Crisis: The Diplock Courts
Chapter 29 Justice Tassaduq Hussain Jillani The Challenge of Judicial Independence and the Experience of Pakistan
Chapter 30 Prof. Ada Pellegrini Grivoner The Relevance for Brazil of International Standards of Judicial Independence
Chapter 31 Prof. Chandra R. de Silva The Role of Law in Society in Developing Countries
Chapter 32 K. K. Venugopal The Supreme Court and Supremacy of the Judiciary in India
Part 6 - International Standards in the Making
Chapter 33 Prof. Shimon Shetreet The Mt. Scopus International Standards of Judicial Independence: The Innovative Concepts and the Formulation of a Consensus in a Legal Culture of Diversity
Part 7 – Text of the International Standards of Judicial Independence
Appendix I - Mount Scopus International Standards of Judicial Independence (2008); Appendix II - Draft Standards of the Mt. Scopus standards of Judicial Independence; Appendix III - IBA Code of Minimum Standards of Judicial Independence (1982); Appendix IV - UN Basic Principles on the Independence of the Judiciary (1985); Appendix V - Commonwealth (Latimer House) Principles on the Three Branches of Government (2003); Appendix VI - Tokyo Principles of the Independence of the Judiciary in the LAWASIA region (1982); Appendix VII - Universal Declaration on the Independence of Justice (Montreal 1983);
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