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Monday, April 27, 2020 | History

1 edition of Some aspects of judicial independence found in the catalog.

Some aspects of judicial independence

I. G. Farlam

Some aspects of judicial independence

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  • 12 Currently reading

Published by s.n.] in [Maseru .
Written in English


Edition Notes

StatementIan Farlam
SeriesLecture in memory of the late Chief Justice Peter Mochoroane Mofokeng (28 March 1928-13 May 1986) -- 7
ContributionsLesotho
Classifications
LC ClassificationsMLCM 2010/00246 (H)
The Physical Object
Pagination8 p. ;
ID Numbers
Open LibraryOL25382084M
LC Control Number2010306504

The first three substantive chapters of the volume focus primarily on examining – and in the main problematizing – the idea of judicial independence itself. These are followed by six chapters that look at various aspects of judicial performance in China and relate these aspects to .


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Some aspects of judicial independence by I. G. Farlam Download PDF EPUB FB2

This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law.

Recent decades have witnessed a marked increase in the role played by the judiciary in society. C. Definition 7 Judicial independence can be defined as the ability of individual judges and the judiciary as a whole to perform their duties free of influence or control by other actors.

Judicial independence is as old as constitutionalism itself. Some aspects of judicial independence book guarantees of judicial independence from government control date to at leastwhen England’s Act of Settlement granted judges. Judicial independence, the ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private.

The term is also used in a normative sense to refer to the kind of independence that courts and judges ought to possess. That ambiguity in the meaning of the term judicial independence has compounded already existing controversies and. Judicial independence is generally understood as requiring that judges must be insulated from political life.

The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and Cited by: Judicial independence is the concept that the judiciary should be independent from the other branches of is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests.

Judicial independence is important to the idea of separation of powers. Many countries deal with the idea of judicial independence through. Judicial Independence If the judiciary is independent, then it can make fair decisions that uphold the rule of law, an essential element of any genuine constitutional democracy.

The U.S. Constitution, for example, protects judicial independence in two ways. Such judicial independence (JI) has bearings on numerous aspects that affect the functionality of a country, such as their economic structure (Feld & Voigt, ), conflict resolution (Posner & Yoo, ), and allocation of correctional measures when laws have been broken.

THE POLITICS OF JUDICIAL INDEPENDENCE IN THE UK’S CHANGING CONSTITUTION captures an important point, one that might have been missed Some aspects of judicial independence book many non-UK watchers: the country’s judicial system has experienced massive change over the past decade, driven largely – but not completely – by the Constitutional Reform Act (CRA) of Judicial independence is one of the most robust and fertile subjects of public discussions in Australia as shown by regular and important judicial lectures and conferences on judicial independence, going back from at least the early eighties up to recently in July when Sir Anthony Mason gave the keynote speech in the 2 days Conference on.

of existing views and issues on each of the four aspects of judicial independence, to be followed by discussion of various reform measures in the current round and evaluation of whether the proposed reform measures can move China eventually towards genuine judicial independence.

Get this from a library. Judicial independence: a legal research on its theoretical aspects, practices from Germany, the United States of America, France, Vietnam.

The first of its principles states that“Judicial independence is a prerequisite to the rule of law and a fundamental guarantee of a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects; Other bodies have endorsed judicial independence.

Similar books to Fair Trial and Judicial Independence: Hungarian Perspectives (Ius Gentium: Comparative Perspectives on Law and Justice Book 27) Find your next great read with Kindle Unlimited Check out Cosy Winter Fiction reads, Cookery and more. COVID Resources. Reliable information about the coronavirus (COVID) is available from the World Health Organization (current situation, international travel).Numerous and frequently-updated resource results are available from this ’s WebJunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus.

The culture of judicial independence can only exist in a system which is based on the principle of separation of powers. Even once achieved, the continuation of judicial independence is not a matter of course. It is constantly subject to challenges, sometimes by other branches of government, and at other times as the result of different.

Judicial independence consists of the “intellectual honesty and dedication to [the] enforcement of the rule of law regardless of popular sentiment,” and the ability “to render a decision in the absence of political pressures and personal interests.” addressed the many negative aspects of electing judges when he spoke at a symposium.

A nationwide judicial system in Iran was first implemented and established by Abdolhossein Teymourtash under Reza Shah, with further changes during the second Pahlavi era.

After the overthrow of the Pahlavi dynasty by the Islamic Revolution, the system was greatly legal code is now based on Islamic law or sharia, although many aspects of civil law have been retained, and it Authorized by: Constitution of the Islamic Republic of Iran.

THE INDEPENDENCE OF THE JUDICIARY II. The Meaning of the Independence of the Judiciary Independence of the judiciary is a relatively new concept for Third World countries.

During the colonial era, the judiciary was an integral branch of the executive rather than an Cited by: 3. Those changes in selection systems as they relate to issues of judicial independence extend to Shugerman's five stages of judicial selection over the course of American history: (1) "premodern unseparated judiciary," (2) "judicial aristocracy," (3) "judicial democracy," (4) "judicial meritocracy," and (5) "judicial plutocracy.

Some aspects of corruption in India in 21st Century Book 2,Chapter 9, section 34) Political Corruption in India since independence. After independence, the power of India came to the hands of judicial independence in the Global Competitives Report File Size: KB.

Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature.

judges to review all aspects of the exercise of public power, has grown appreciably about the relevance and appropriateness of some lines of questioning in public interviews, and about respect for judicial independ- 1. SECURING JUDICIAL INDEpENDENCE judges,, The. This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective.

In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal. This book investigates the causes and consequences of congressional attacks on the U.S. Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical Author: Tom S.

Clark. Threats to Judicial Independence – The Enemy Within Master Reader: Good evening. This is the first of this year’s series of Reader’s Lectures which happily for me, and I expect for you, are no longer delivered by the Reader.

The title of the series is ‘Academics and practitioners: Friends or Foe’.File Size: KB. Some scholars suggest that courts should behave conservatively as a strategy for maintaining norms of judicial independence and court legitimacy (Burbank, ; Resnik, ).Author: Roger Hartley.

Free Online Library: Judicial independence and social welfare.(Introduction through II. Optimal Judicial Independence C. Step Three: The Decision, p. ) by "Michigan Law Review"; Judicial process Social aspects Separation of powers Laws, regulations and rules Social service Evaluation Social welfare.

This is “Basic Aspects of the US Constitution”, section from the book Legal Aspects of Property, Estate Planning, and Insurance (v. For details on it (including licensing), click here. While none of the reading is light, some is more demanding, giving the book a flexible range, which allows the reader to pick and choose depending on mood or interest.

The book is a nuanced and exciting treatise on the abundant issues relating to judicial independence in Australia: it would be well loved by practitioners.

Read full review. There is a range of reasonably held opinions on some aspects of the restraints that come with the acceptance of judicial office and allowance has been made for that in the Guide. The conduct of judges is always under scrutiny today, with particular interest in standards of judicial conduct.

Sometimes public comment on judicial conduct hasFile Size: KB. Judicial Independence in Australia: Contemporary Challenges, Future Directions The Hon Sir Anthony Mason But there are other, less elucidated but equally important aspects of judicial independence that creep under the radar: court-funding, extra-judicial activities like vice-regal and academic posts, the use of social media by judges 3/5(1).

Danyal Hasnain Justice Fazal Karim Constitutional Law 11th December, Assignment # 3 Question 1(a) Judicial review is usually defined as the judicial power in action or the practical aspect of the rule of law. It is defined as a doctrine according to which courts are entitled, in the exercise of the ‘judicial power’ of the State.

The power of judicial review entails the authority. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to : Attila Badó.

Threats to Judicial Independence U.S. Supreme Court Justice Stephen G. Breyer participated in a one-hour panel presentation before the ABA House of April 5,   2. The Interrelation between Judicial Independence and Accountability.

Judicial accountability has been described as a complementary concept to that of judicial independence and is seen as a justification for independence. 2 According to Stephen Burbank, both concepts can be more appropriately described as ‘different sides of the same coin’ rather than being potentially conflicting.

3 Cited by: 2. The year saw a major shift towards judicial independence, as the Supreme Court of Canada in the Provincial Judges Reference found an unwritten constitutional norm guaranteeing judicial independence to all judges, including civil law inferior court judges.

The unwritten norm is said to be implied by the preamble to the Constitution Act,   4. The so-called pure definition of the separation of powers was presented in the literature by Vile in his famous monograph, Constitutionalism and the Separation of Powers ().According to this concept, in order to retain political freedom, it is necessary to separate the state apparatus into legislative, executive, and judicial branches, with each one having a separate state function.

This book, formed as a series of essays in honour of Professor Dr. Carl Baudenbacher, addresses the very art of judicial reasoning and features contributions from many of the foremost current or former national, supranational, or international judges.

Free Online Library: Judicial independence and social welfare. (II. Optimal Judicial Independence D. Step Four: The Payoff through Conclusion with appendix and footnotes, p. ) by "Michigan Law Review"; Judicial process Social aspects Separation of powers Laws, regulations and rules Social service Evaluation Social welfare.

In the Quarterly Journal of Economics for April,I printed an article on "Some Aspects of the Tariff Question" which contained the germ of much that is now more fully elaborated.

It gives me satisfaction to be able to say that, great as have been the changes during the past twenty-five years in the industries considered then and now, the. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully.

The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re.Judicial Conference of Australia Uluru, April JUDICIAL INDEPENDENCE: from the legislative and executive branches of government.

However, there are some exceptions to this: most notably, judges are appointed by the executive and can be removed from office through Doctorate in Philosophy on aspects of judicial independence.Judicial Independence at the Crossroads.

One of the enduring lessons of that book was that research on judicial independence was, and ought to be, fundamentally interdisciplinary in nature. In the years since its publication, we have witnessed a substantial volume of research on the subject, and this work has certainly spanned multiple.