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Judicial Independence: Cornerstone of Democracy

Edited by: Shimon Shetreet, Hiram Chodosh

ISBN13: 9789004535084
Published: April 2024
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £229.00



This is a Print On Demand Title.

The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book offers analsys of numerous dimensions regarding the essential role of judicial independence in democracy, as well as analsys of basic constitutional principles and contemporary issues on judicial independence and judicial procces in many jurisdictions. It offers analsys of international standarts of judicial independence and judicial ethics.

Subjects:
Judiciary
Contents:
Preface
Acknowledgements
Notes on Contributors
Table of Cases
Table of Legislation

1. General Introduction - Shimon Shetreet

Part 1: Democracy, Rule of Law and Judicial Independence in Challenging Times
2. The Judiciary in Malta in Historical and Comparative Prespective Vincent A . De Gaetano 3 Analysis of the Major Contemporary Threats and Challenges to the Independence of Justice Diego Garcia-Sayan 4 Judicial Independence in the Face of Political Impunity Tassaduq Hussain Jillani 5 Judicial Independence and Political Impunity A Brief Rejoinder from India Arghya Sengupta 6 The Contribution of the Jurisprudence of the Supreme Court to the Protection of Social Rights Justice Yosef Elron 7 Theory of Separation of Powers and Its Development in England Shimon Shetreet

Part 2: Measuring and Evaluation of the Justice System
8. Measuring Justice and Judicial Independence The Impracticable Imperative Hiram E . Chodosh and Eric Helland 9 Artificial Intelligence and the Judiciary Lord John Thomas 10 Evaluation and Measurement of Courts Yigal Mersel 11 Scientific Evidence in Courts of Law An Overview Jay Levinson , Eti Buchnik , Barak Ariel and Abraham J. Domb

Part 3: Contemporary Challenges of Judicial Independence
12. Contemporary Challenges to Israeli Judiciary Proposed Judicial Reform Shimon Shetreet 13 Public Opinion and Public Trust in the Israeli Judiciary Nir Atmor and Menachem Hofnung 14 The Struggle for the Independence of the Judiciary in the Palestinian Authority Haim Sandberg 15 The Legitimacy of Judge's Consultation with Colleagues and External Experts David Cheshin 16 Challenging the Traditional System of Appointment of Judges to the Federal Supreme Court in Switzerland Gian Andrea Danuser

Part 4: ELI - Mount Scopus Project on Standards of Judicial Independence
17. The Significance of Developing International and European Standards of Judicial Independence The eli Mt Scopus Project Shimon Shetreet 18 European Standards of Judicial Independence - Lessons from the Court of Justice of the European Union Sophie Turenne 19 Judicial Self-governing Bodies Instruments of Independence or Path to Ossification? Giuseppe Franco Ferrari 20 Challenges to Judicial Structural Independence in Slovenia Marko Novak 21 The Challenge of Balancing Between Universality and Particularity in Shaping International Standards of Judicial Independence Shimon Shetreet

Part 5: Contemporary Issues on the Role of the Judiciary Constitutional Position of the Judiciary
22. The Struggle for Judicial Independence The Supreme Court as a Constitutional Beacon in El Salvador M o nica Castillejos-Arag o n 23 Jointly and Severally The Relationship between the President of the Supreme Court and the Minister of Justice of Israel Shimon Shetreet 24 Court Packing and Judicial Independence An American Perspective Jonathan L . Entin 25 The Dysfunctions of the Courts and Judicial Role Maimon Schwarzschild 26 The Role of the Judge in Jewish Law Shimon Shetreet

Part 6: Honouring 40 Years of Pursuit of Judicial Independence of JIWP
27. The Work on Promoting Judicial Independence of the International Association on Judicial Independence and Its President Prof. Shimon Shetreet Daphna Lewinsohn Zamir 28 Contribution of Shimon Shetreet to Public and Constitutional Law Yoav Dotan 29 Our Pursuit of Judicial Independence Tribute to Shimon Shetreet on the 40th/75th Dual Anniversary Hiram Chodosh 30 Defending the Independence of Judges and Lawyers in Challenging Times Diego Garcia-Sayan 31 Promoting Judicial Independence at the National and International Level Eliezer Rivlin 32 The Role of the Bar in Defending the Rule of Law in Israel Avi Himi and Israeli Bar 33 A Note on Judicial Review of Government Decisions An Ancient Jewish Perspective Asher Axelrod 34 Personal Reflections on Judicial Independence Historical Lessons and Contemporary Challenges Shimon Shetreet

Part 7: Appendices
Appendix 1. Mount Scopus International Standards of Judicial Independence
Appendix 2. Bologna Milano Global Code of Judicial Ethics 2015
Appendix 3. The New Delhi Code of Minimum Standards of Judicial Independence (Adopted by the IBA New Delhi Convention 1982)
Appendix 4. Montreal Universal Declaration on the Independence of Justice
Appendix 5. UN Basic Principles on the Independence of Judges and Lawyers
Appendix 6. United Kingdom Supreme Court Guide to Judicial Conduct (2019)
Appendix 7. Code of Conduct for the Justices of the Federal Constitutional Court of Germany Index