The Culture of Judicial Independence: Rule of Law and World Peace

Erscheinungsjahr 2014
ISBN: 978-90-04-25780-1
Verlag: Brill

Buch, Englisch, 554 Seiten, Format (B × H): 163 mm x 239 mm, Gewicht: 1043 g

The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012).
This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.

Autoren/Hrsg.

Shetreet, Shimon

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Regierungspolitik Innen-, Bildungs- und Bevölkerungspolitik
• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Justizverwaltung, Justizorganisation
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtspolitik

Inhaltsverzeichnis

Table of Cases; Table of Legislation; Preface; Acknowledgements; List of Contributors
PART I: General
Chapter 1: General Introduction
Chapter 2: Judicial Independence, Liberty, Democracy, and International Economy Shimon Shetreet;
Chapter 3: Accountability of Judicial Service Commissions to the law: The case of South Africa Christopher Forsyth;
Chapter 4: Reflections on Judicial Independence: Past Achievements and Future Agenda. Marcel Storme;
PART II: Judicial Independence, Human Rights, Democracy, the Rule of Law and World Peace
Chapter 5: Judging the Independence and Integrity of Foreign Courts Neil H. Andrews;
Chapter 6: The Role of The Supreme Court in the Protection of Religious Liberty and Secular Values: How Much Autonomy Do You Want? Maimon Schwarzschild;
Chapter 7: Culture of Peace in Europe and The Development of the Human Rights Protection in the EU Shimon Shetreet;
Chapter 8: Globalization of Human Rights and Mutual Influence between Courts: The Innovative Reverse Path of the Right to the Truth Professor Arianna Vedaschi;
PART III: Constitutional Position of Top Courts
Chapter 9: The Independence of the Judiciary in Belgium Marc Bossuyt;
Chapter 10: On Fairness Louis Blom-Cooper;
Chapter 11: The Conceptual Definition of the Constitutional Court in Italy Giuseppe Franco Ferrari;
PART IV: Relations between the Judiciary and the Other Branches of Government
Chapter 12: The Scope of Judicial Review and the Rule of Law: Between Judicial Restraint and Judicial Activism Louis Blom-Cooper;
Chapter 13: Entering the Political Thicket: The Role of the Judiciary as an Arbiter in Relation to Making and Implementation of Public Policy Anton Cooray;
Chapter 14: On Judges Writing Commentaries: Is It Appropriate For A Judge To Engage In Outside Activities? Fryderyk Zoll;
Chapter 15: Procedural Guarantees of Independence and Impartiality of Judges in Russia Sergey V. Nikitin;
Chapter 16: The Relationship of the Judiciary and Legislature in Australia Hoong Phun Lee;
PART V: Impartiality of the Judicial Process
Chapter 17: Relations Between the Court and the Parties in the Managerial Age Neil H. Andrews;
Chapter 18: Independence of Court Proceedings: Impartiality and Fairness Dmitry V. Magonya;
Chapter 19: Recusal of judges: A Commonwealth Survey of the Applicable Tests Cyrus Das;
Chapter 20: Comparative Perspectives on the Status of Codes of Judicial Ethics Shimon Shetreet;
PART VI: International Courts and Cross Country Issues
Chapter 21: Judicial Independence in the Context of International Investment Law Wang Guiguo;
Chapter 22: Judicial Impartiality in International Courts: Of Law and Corruption Wayne McCormack;
Chapter 23: Arbitral Awards and Errors of English Law: Refining The Law – making Function of The Judicial Appeal System Neil H. Andrews;
Chapter 24: The Influence of the European Convention on Human Rights on Judicial Independence in Criminal Procedural Law in Switzerland Andrea Danuser;
PART VII: Judicial Selection
Chapter 25: Recent Developments in Judicial Elections in the United States and their Impact on Impartiality of Judges Chandra R Desilva;
Chapter 26: Culture and Judicial Independence in Civil Procedure Dmitry Maleshin;
Chapter 27: Constitutional Adjudication and Appointments to the UK Supreme Court Sophie Turenne;
Chapter 28: Appointment of Judges and Legal Responsibility of Judges: Guarantees of Independence in Russia Sergey Nikitin;
Chapter 29: The Bumpy Road Towards Judicial Independence: Past, Present and Future Prospects of Mainland China Liu Hao;
Chapter 30: Administrative Justice System In Italy Giuseppe F. Ferrari;
PART VIII: International Standards of Judicial Independence
Chapter 31: Judicial Independence and the Three Highest Courts in Austria Walter H. Rechberger;
Chapter 32: Analysis of the Recent Amendments to the Mt. Scopus International Standards of Judicial Independence Shimon Shetreet;
PART IX: Text of the International Standards of Judicial Independence
Appendix I - The Mt. Scopus International Standards of Judicial Independence 2008 (2013)
Appendix II - The New Delhi Code of Minimum Standards of Judicial Independence (1982)
Appendix III - Montreal Universal Declaration on the Independence of the Justice System (1983)
In Memoriam: The Late HE Markus Buechel
Index.

Über Autor(innen)

Shimon Shetreet holds the Greenblatt Chair of Public and International Law at the Hebrew University of Jerusalem, Israel. He is the author and editor of many books on the judiciary. He is the President of International Association of Judicial Independence and World Peace and the leader of the International Project of Judicial Independence and the Mt Scopus Standards of judicial Independence 2008. Between 1988 and 1996 he served as a Member of the Israeli Parliament, and was a cabinet minister under Yitshak Rabin and Shimon Peres. He was a Judge of the Standard Contract Court and served as a member of the Chief Justice Landau Commission on the Israeli Court System.