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Vol 23 No 3 March/April 2018

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

Edited by: Shimon Shetreet

ISBN13: 9789004257801
Published: September 2014
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £184.00

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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.

Constitutional and Administrative Law, Public International Law
Table of Cases
Table of Legislation
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