Full Description
This volume The Culture of Judicial Independence in a Globalised World is an academic continuation of the previous three volumes: Judicial Independence: The Contemporary Debate, edited by Professor Shimon Shetreet and Chief Justice Deschenes (Brill/Nijhoff, 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Brill/Nijhoff, 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Brill/Nijhoff, 2014).
This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence - both national and international.
Contents
Table of cases; List of legislation; Preface; Acknowledgements; List of contributors;
Part I Judicial Independence: Globalized Legal Culture;
Chapter One Introduction;
Chapter Two The Impact of International Law on Judicial Independence in Domestic Law: The Jurisprudence of the European Court of Human Rights Shimon Shetreet;
Chapter Three Reflections on Judicial Independence Marcel Storme;
Chapter Four Judicial Independence and Judicial Accountability: Two Sides of the Same Coin Sophie Turenne;
Chapter Five Judicial independence in Italy Giuseppe Franco Ferrari;
Chapter Six Administrative Justice and the Independence of the Judiciary Graham Zellick, QC;
Part II The Challenge of Careful Drawing of Boundaries of Judicial Function
Chapter Seven Limits of the Law Esther Hayut;
Chapter Eight The presence of Religious Symbols in Public Schools: the Attitudes of Italian Courts between Historical Legacy and Protection of Minority Beliefs Daniela Cavallini;
Chapter Nine The Dark Side of Counter-Terrorism: The argument for a more enlightened approach based on a constitutional law paradigm Arianna Vedaschi*;
Chapter Ten Judicial Creativity in Australia and Implications for Judicial Independence H P Lee*;
Part III Judicial Independence and Accountability: Contemporary Analysis
Chapter Eleven Judicial Independence Without Power: Norms in Search of Law Wayne McCormack;
Chapter Twelve Conflict of Interests as an Exclusionary Factor in the Judicial Nomination Process Sergey Nikitin;
Chapter Thirteen Attaining Justice for Foreign Parties in Domestic Courts Fryderick Zoll;
Chapter Fourteen The Role of the Legal Profession in Protecting Judicial Independence Jennifer Temkin;
Chapter Fifteen Relations between Top Courts and Supra-National Courts Shimon Shetreet;
Chapter Sixteen Constitutional Review by The Brazilian Supreme Court: The Case of Civil Arrest Ada Pellegrini Grinover;
Chapter Seventeen Judicial Independence in Albania: A Study of Institutional Shields and Political Interference Teuta Vodo;
Part IV Domestic Courts and Foreign Elements: Foreign Parties, Foreign Law and Foreign Judges
Chapter Eighteen To Ignore Or Not To Ignore: A Silly Debate In The U.S. Supreme Court? Wayne McCormack;
Chapter NineteenUse of Foreign Law By The U.S. Supreme Court Jonathan L. Entin;
Chapter Twenty The Foreign Party's Choice between Arbitration and Court Litigation Neil Andrews;
Chapter Twenty-one Legal Aspects Regarding Foreign Parties in Austrian Civil Courts Walter H. Rechberger;
Chapter Twenty-two State liability for judicial wrongs: Impact of Rulings of the European Court of Justice and Debate in Italy Daniela Cavallini*;
Chapter Twenty-three The Expatriate Judges and Rule of Law in Hong Kong: Its Past, Present and Future Lin Feng*;
Chapter Twenty-four Resolving Cross Country Tax Disputes in Cases of International Economic Double Taxation Yitzhak Hadari;
Part V Judicial Attitude towards "Others" in Domestic Courts
Chapter Twenty-five Citizens and Aliens in U.S. Courts Wayne McCormack;
Chapter Twenty-six Addressing the Otherness of Hispanic Immigrants in Florida Criminal Courts George W. Maxwell III*;
Part VI Recent Amendments to the Mt Scopus International Standards of Judicial Independence
Chapter Twenty-sevenAmendments to the Mt Scopus Standards (Moscow Conference, Osnabrueck Conference and Bologna and Milan Conference) Shimon Shetreet;
Chapter Twenty-eight Towards a Global Code of Judicial Ethics Shimon Shetreet;
Part VII Text of the International Standards on Judicial Independence
Appendix I; Appendix II; Appendix III; Appendix IV; Index.
