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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Williams published

Strengthen the Judiciary's Independence in Europe!

Edited by: Peter-Alexis Thomas John Albrecht

ISBN13: 9789050959711
Published: October 2009
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £37.00

Usually despatched in 1 to 3 weeks.

The Consultative Council of European Judges at the Council of Europe (CCJE) rightly characterized judicial autonomy, that is, the independence of impartiality of the third state power, as a “structured requirement of a state governed by the rule of law” (cf. position no. 8 from no. 10/2007 in the appendix). To do justice to the principle of the separation of powers as an accomplishment of the European Enlightenment, the autonomy of the third power must be subject to the same basic principles throughout Europe as the European Union draws closer together. Until this happens, it is difficult to develop fully the principles of mutual recognition and confidence or to standardize other rules across the EU.

However, judicial autonomy does not only aim to make the justice system independent. Just as important is the independence of the individual judges, that is, internal independence. In a society marked by globalization and mutual dependency, the third power in Europe especially needs judges who are undaunted, courageous, and free from external influences. Only then can the judiciary make up a necessary counterbalance to the more powerful legislative and executive power of the state.