The culture of judicial independence : rule of law and world peace / edited by Shimon Shetreet.

Format:

Book

Author/Creator:

Shetreet, Shimon, 1946- author, editor.

Contributor:

International Association of Judicial Independence and World Peace, sponsoring body.

Language:

English

Subjects (All):

Judicial independence.

Rule of law.

Peace.

Physical Description:

1 online resource (600 p.)

Edition:

1st ed.

Place of Publication:

Leiden, Netherlands : Brill Nijhoff, 2014.

Language Note:

English

Summary:

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.

Contents:

Preliminary Material / Shimon Shetreet

General Introduction / Shimon Shetreet

Judicial Independence, Liberty, Democracy and International Economy / Shimon Shetreet

Accountability of Judicial Service Commissions to the Law: The Case of South Africa / Christopher Forsyth

Reflections on Judicial Independence: Past Achievements and Future Agenda / Marcel Storme

Judging the Independence and Integrity of Foreign Courts / Neil Andrews

The Protection of Religious Liberty in the United States: The Supreme Court Jurisprudence / Maimon Schwarzschild

The Culture of Peace and Human Rights: The Development of Human Rights Protection in the European Union / Shimon Shetreet

Globalization of Human Rights and Mutual Influence between Courts: The Innovative Reverse Path of the Right to the Truth / Arianna Vedaschi

The Independence of the Judiciary in Belgium / Marc Bossuyt

On Fairness / Sir Louis Blom-Cooper QC

The Conceptual Definition of the Constitutional Court in Italy / Giuseppe Franco Ferrari

The Scope of Judicial Review and the Rule of Law: Between Judicial Restraint and Judicial Activism / Sir Louis Blom-Cooper QC

Entering the Political Thicket: The Role of the Judiciary as an Arbiter in Relation to Making and Implementation of Public Policy / Anton Cooray

On Judges Writing Commentaries: Is It Appropriate for a Judge to Engage in Outside Activities? / Fryderyk Zoll

Procedural Guarantees of Independence and Impartiality of Judges in Russia / Sergey Nikitin

The Relationship of the Judiciary and Legislature in Australia / HP Lee

Relations Between the Court and the Parties in the Managerial Age / Neil Andrews

Independence of Court Proceedings: Impartiality and Fairness / Dmitry Magonya

Recusal of Judges: A Commonwealth Survey of the Applicable Tests / Cyrus Das

The Status of Codes of Judicial Conduct in Comparative Perspectives / Shimon Shetreet

Judicial Independence in the Context of International Investment Law / Guiguo Wang

Judicial Impartiality in International Courts: Of Law and Corruption / Wayne McCormack

Arbitral Awards and Errors of English Law: Refining The Law – Making Function of The Judicial Appeal System / Neil Andrews

The Influence of the European Convention on Human Rights on Judicial Independence in Criminal Procedural Law in Switzerland / Gian Andrea Danuser

Recent Developments in Judicial Elections in the United States and their Impact on Impartiality of Judges / Chandra R. de Silva

Culture and Judicial Independence in Civil Procedure / Dmitry Maleshin

Constitutional Adjudication and Appointments to the uk Supreme Court / Sophie Turenne

Appointment of Judges and Legal Responsibility of Judges: Guarantees of Independence in Russia / Sergey Nikitin

The Bumpy Road Towards Judicial Independence: Past, Present and Future Prospects of Mainland China / Liu Hao

Administrative Justice System in Italy / Giuseppe Franco Ferrari

Judicial Independence and the Three Highest Courts in Austria / Walter H. Rechberger

Analysis of the Amendments to the Mt. Scopus International Standards of Judicial Independence / Shimon Shetreet.

Notes:

Includes bibliographical references and index.

Includes index.

Description based on print version record.

ISBN:

90-04-25781-0

OCLC:

893333589

Publisher Number:

10.1163/9789004257818 DOI