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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The New Judiciary: The Effects of Expansion and Activism

ISBN13: 9781840140774
ISBN: 1840140771
Published: February 1999
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00

This is a Print On Demand Title.
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Over the last 30 years the judiciary has transformed from a small club into a large and professional body. At the same time, its political role has grown through the expansion of judicial review. The incorporation of the European convention on human rights will extend this process still further, drawing the judges into every area of public policy.

The combination of these two developments - the expansion in size and the growth of power - have affected all aspects of the judiciary. This book examines the changes which they have brought about in three broad areas - judicial training, the appointment process and the scrutiny of judges' performance.

It adopts a comparative perspective, considering the developments in the light of the global expansion of judicial power. The book argues that the increasing role of the judiciary will require a trade-off of judicial independence in return for greater accountability.

General Interest
Part 1 Introduction.
Part 2 Activism: the development of judicial review; the Human Rights Act; summary.
Part 3 Accountability and independence: mechanisms of accountability; the scope of judicial independence; collective judicial independence; individual judicial independence; the relationship between independence and accountability; summary.
Part 4 Appointments: the characteristics of the current appointments process; the criteria for appointment; changing the make-up of the judiciary; the use of a judicial appointments commission; the possible effects of a commission; summary.
Part 5 Training: overcoming judicial opposition to training; the need for training; expansion and professionalization; judicial independence; accountability; summary.
Part 6 Scrutiny: public debate and the media; performance appraisal; enforcing standards of judicial conduct; summary.
Part 7 Conclusion.