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The Dynamics of Judicial Independence: A Comparative Study of Courts in Malaysia and Pakistan


ISBN13: 9783319498836
Published: March 2017
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £109.99



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This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving 'true judicial independence' as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law.

By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the 'pragmatic and context-sensitive theory', which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

Subjects:
Jurisprudence
Contents:
Chapter 1 . USA
Chapter 2. Canada
Chapter 3. Mexico
Chapter 4. Brazil
Chapter 5. England and Wales
Chapter 6. Ireland
Chapter 7. Belgium
Chapter 8. Germany
Chapter 9. Austria
Chapter 10. Switzerland
Chapter 11. Spain
Chapter 12. Scotland
Chapter 13. Sweden
Chapter 14. Denmark
Chapter 15. Poland
Chapter 16. Slovenia
Chapter 17. Japan
Chapter 18. China
Chapter 19. India
Chapter 20. Uganda
Chapter 21. Ghana
Chapter 22. Kenya
Chapter 23. Israel
Chapter 24. Palestine
Chapter 25. Turkey.