Full Description
Challenged Justice: In Pursuit of Judicial Independence is an academic continuation of the previous volumes on judicial Independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, and Wayne McCormack. All books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014) and The Culture of Judicial Independence in a Globalised World (2016).
This book offers academic articles by distinguished jurists on judicial independence and judicial process in many jurisdictions including indicators of justice and analysis of international Standards on judicial independence and judicial ethics.
Contents
Preface
Acknowledgements
Table of Cases
Table of Legislation
Notes on Contributors
1 General Introduction
Shimon Shetreet
PART 1
Challenges to Judicial Independence
2 Reflections on the Changing Position of the Judiciary
Lord Thomas with Introduction by Lord Pannick
3 Threats to Judicial Independence
Traditional Transitions Challenged
Wayne McCormack
4 The Rule of Universality and Particularity
Judicial Independence, Judicial Appointments and Other Issues
Shimon Shetreet
PART 2
Measuring Justice
5 Quality of Justice for Citizens
From Courts Standards to Equal Access for All
Daniela Piana
6 Commodification of Justice--A Personal View on Managerial Performance Indicators in the Judicial Context
Michael Bohlander
7 Judicial Independence Through Data-Driven Knowledge, Open Data, and Artificial Intelligence from a European Perspective
Gianpaolo Maria Ruotolo
8 Judicial Independence
A French Paradoxical Pattern in the European Field
Emmanuel Cartier
PART 3
Judicial Independence and Impartiality
9 Global Perspectives of Judicial Independence
Structural Transitions and Turmoil
Wayne McCormack
10 The Struggle to Defend the Independence of the Judiciary in Africa
Charles Manga Fombad
11 The Transformation of Judicial Independence in Belarus in The Post-Communist Era
Ksenyia Laputko
12 Aged Clichés, Different Suburb
Justice in Romania: Crisis Vs. Independence
Sebastian Spinei
13 Family Ties and Judicial Independence
Jonathan L. Entin
PART 4
Judicial Accountability
14 Judges' Responsibility and Accountability
Eliezer Rivlin
15 The Code of Conduct for the Justices of the Federal Constitutional Court of Germany
Thorsten Ingo Schmidt
16 Judges On and Off the Bench
The Outreach of Independence
Louis Blom-Cooper
PART 5
Judicial Protection of Individual Rights
17 Judicial Role in the Protection of Social Rights
Giuseppe Franco Ferrari
18 The Judicial Role in the United States and the Political Question Doctrine
Maimon Schwarzschild
PART 6
The Rule of Law and Democracy
19 Fighting for Political Liberalism
The Role of Lawyers in Mobilizing for Judicial Independence
Mónica Castillejos-Aragón
20 Matters of the Judiciary
A Role for Bar Associations
Cyrus Das
21 Democracy Challenged
Theoretical Foundations of the Concept of Judicial Independence and the Contemporary Challenges—Comparative Perspectives
Shimon Shetreet
22 Analysis of the Amendments of Mount Scopus Standards of Judicial Independence and the Bologna and Milan Global Code of Judicial Ethics (Adopted 2016-2019)
Shimon Shetreet
PART 7
Appendices
Appendix I Mount Scopus International Standards of Judicial Independence 421
Appendix II Bologna, Milano Global Code of Judicial Ethics 2015 456
Appendix III The New Delhi Code of Minimum Standards of Judicial Independence (Adopted by the IBA New Delhi Convention 1982)
Appendix IV Montreal Universal Declaration on the Independence of Justice
Appendix V UN Basic Principles on the Independence of Judges and Lawyers
Appendix VI United Kingdom Supreme Court Guide to Judicial Conduct (2019)
Appendix VII Code of Conduct for the Justices of the Federal Constitutional Court of Germany
PART 8
In Memoriam
1 In Memoriam- Professor Marcel Storme
2 In Memoriam- Professor Sir Louis Blom- Cooper, QC
Index
