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Judicial Independence In The Age Of Democracy / Edition 1

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Overview

This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.

University of Virginia Press

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Editorial Reviews

Booknews
This collection of studies by leading scholars of constitutional law looks at a critical component of constitutional democracy, judicial independence, from an international comparative perspective. An introduction outlines a general theory of judicial independence, while contributors analyze a variety of regimes from the US, Latin America, Eastern and Western Europe, Israel, Japan, and South Africa. A conclusion compares various regimes. Russell is affiliated with the University of Toronto. O'Brien teaches at the University of Virginia. Material originated with the work of the International Political Science Association's Research Committee on Comparative Judicial Politics. Chapters were delivered as papers at 1996 and 1998 meetings. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780813920160
  • Publisher: University of Virginia
  • Publication date: 1/1/2001
  • Series: Constitutionalism and Democracy Series
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 340
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.76 (d)

Meet the Author

Peter H. Russell, Professor of Political Science Emeritus at the University of Toronto, is author of seven books on the judiciary, constitutional issues, and democracy.

David M. O'Brien, Leone Reaves and George W. Spicer Professor at the University of Virginia, is author of numerous publications, including Storm Center: The Supreme Court in American Politics.

University of Virginia Press

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Table of Contents

List of Tables
Acknowledgments
1 Toward a General Theory of Judicial Independence 1
2 The Pillars and Politics of Judicial Independence in the United States 25
3 Stifling Judicial Independence from Within: The Japanese Judiciary 37
4 The Dynamics of Judicial (In)dependence in Russia 62
5 Judicial Independence in Post-Communist Central and Eastern Europe 89
6 Judicial Independence in Latin Countries of Western Europe 111
7 Autonomy versus Accountability: The German Judiciary 131
8 Judicial Independence in England: A Loss of Innocence 155
9 Judicial Independence in Australia 173
10 Seeking Social Justice? Judicial Independence and Responsiveness in a Changing South Africa 194
11 Between Two Systems of Law: The Judiciary in Hong Kong 207
12 The Critical Challenge of Judicial Independence in Israel 233
13 Judicial Independence and Instability in Central America 251
14 The European Court of Justice 273
15 Conclusion: Judicial Independence in Comparative Perspective 301
Notes on Contributors 309
Index 313
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