Full Description
Are the courts our friend or our foe?
This book has three parts:
Part I considers the case for judicial independence
Part II looks at the question 'Is judicial independence under threat?'
Part III reflects on whether judicial independence be defended and protected.
Prompted by the constitutional crisis following the referendum of 2016, the Foundation for Law Justice and Society convened the second Putney Debates. Now convened on an annual basis, they provide a forum each year for the discussion of matters of constitutional importance. The original Putney Debates were held in St Mary's Church, Putney in 1647. The Civil War had been won, the King was held prisoner, the New Model Army was in control. In late October of that year, the weekly meeting of the High Council of the New Model Army, under the chairmanship of Oliver Cromwell, together with several civilians, turned into a debate about the constitution. This is perhaps the only occasion in modern history that a constitutional convention has been held on the English constitution.
Contents
The People and the Courts: An Introduction
DJ Galligan, University of Oxford, UK
1. The Case for Judicial Independence in the Age of Populism
Robert J Sharpe, University of Toronto, Canada
2. Judicial Independence and Perceptions of Legitimacy
Nick Friedman, University of Cambridge, UK
3. The Judicialisation of Politics and Threats to Judicial Independence: When Should We Cry Wolf?
Ezequiel Gonzalez-Ocantos, University of Oxford, UK
4. Judicial Independence and Transformative Constitutionalism: Squaring the Circle of Legitimacy
Daniel Butt, University of Oxford, UK
5. Self-Fulfilling Prophecies: Populism and Judicial Independence in Europe
Bogdan Iancu, University of Bucharest, Romania
6. Judicial Independence: The View from Israel
Amir Paz-Fuchs, Sussex University, UK
7. The Nature of Judicial Review in America
John W Adams, Rutgers University, USA
8. Under Pressure: Building Judicial Resistance to Political Inference
Katarína Šipulová, Masaryk University, Czech Republic
9. Transparency in the 'Fairyland Duchy of Luxembourg'
Catherine Barnard, University of Cambridge, UK
10. From Mystery to Transparency: How Judges Promote Public Understanding of the Judicial Role
Paul Magrath, Incorporated Council of Law Reporting, UK
11. Legal Elites, Lord Chancellors and Judicial Independence
Graham Gee, Sheffield University, UK
12. Ally or Enemy, Friend or Foe
DJ Galligan, University of Oxford, UK
