Published January 20, 1994
by Oxford University Press, USA .
Written in English
|The Physical Object|
|Number of Pages||234|
This modern study of the independence of the judiciary in England utilizes the perceptions of the Lord Chancellor's Office to provide a fresh examination of the importance of this concept in British constitutional law and politics. B. Historical Background 3 According to Joseph Diescho: ‘The genesis of the doctrine of judicial independence is to be found in the evolution of a constitutional democratic state in Europe’. The doctrine takes its roots in Montesquieu’s book, Spirit of the Laws/De L’esprit des Loix ().Montesquieu theorized, for the first time, the need that the executive, legislative, and judicial. It is the institutional and individual independence of the judiciary that underpins the ability of judges to adjudicate, impartially, between the parties that appear before them. In addition, it is this independence that grants legitimacy to the judicial role, for without it, claims to Author: Roger Masterman. Judicial Independence: The Contemporary Debate. This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law.
This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a Brand: Springer International Publishing. The Independence of the Judiciary – the view from the Lord Chancellor’s Office, a book by Robert Stevens (OUP, ) The English Judges – Their Role in the Changing Constitution, a book by Robert Stevens, (Hart Publishing, ). In Hong Kong, independence of the judiciary has been the tradition since the territory became a British crown colony in After the return of Hong Kong to China independence of the judiciary, along with continuation of English common law, has been enshrined in the . 4 Judicial Independence: Some Recent Problems JUNE That an independent judiciary is a prerequisite for any society based on the rule of law cannot be doubted, and conditions for that independence are uncontroversially set out in both the IBA Minimum Standards of Judicial Independence, adopted in , and the Basic Principles on the.
Independence of the judiciary. 1. The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. 2. This book claims to address the important matters of independence and accountability of the higher judiciary in the Indian context. However, the writing is rife with unnecessary verbosity and often the conclusions drawn are obfuscated intentionally by the author so that the open ended questions are not tied to unidirectional answers/5(2). situation. Similarly judiciary must act in an unbiased manner. The Constitutional Provisions Though in India there is no express provision in the Constitution but the independence of Judiciary is imbibed in the letters of various provisions of the Constitution. Independence of judiciary and rule of law are the basic features of theAuthor: Pratik Patnaik. Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers.