Judiciaries in Comparative Perspective.
A collection of comparative insights on four major themes relating to the workings of the judiciary in six democracies.
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Full Text (via Cambridge) |
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| Format: | Electronic eBook |
| Language: | English |
| Published: |
Cambridge :
Cambridge University Press,
2011.
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Table of Contents:
- Cover; Title; Copyright; Contents; Contributors; Foreword; Preface; Table of Cases; Table of Statutes; Part I; 1 Judicial independence and accountability: core values in liberal democracies; Judicial independence in the broader spectrum of core values: the fundamental values of the judicial system; General; Procedural fairness; Efficiency; Accessibility; Public confidence; Judicial independence; Article 6 of the ECHR as a statement of the core values; Core values of the concept of judicial independence; Personal and substantive independence; Institutional or collective independence.
- Internal judicial independenceAdministrative independence; Perceptions and realities; The reasonable man test; Constitutional infrastructure essential for the protection of judicial independence; Constitutional and legislative regulation; Shetreet's six constitutional principles of judicial independence; Article 6 of the ECHR and other international standards of judicial independence; Conclusion; PART II; 2 Appointment, discipline and removal of judges in Australia; Judicial appointments; Reforming the judicial appointment process; Appointment of acting judges; Removal of judges.
- The 'Murphy affair'The Ian Callinan affair; The removal of Justice Angelo Vasta; The Justice Vince Bruce affair; Recent controversies; Judicial complaints-handling process; Suspension of judges; Conclusion; 3 Appointment, discipline and removal of judges in Canada; Judicial selection; Judicial conduct; 4 Appointment, discipline and removal of judges in New Zealand; Appointment of judges; Attorney-General's appointing power; Transparent and standardised procedures; Judicial appointments commission; Disciplining of judges; Constitutional tension; Immunity from discipline.
- Judicial complaints processComplaints statistics; Removal of judges; Superior court judges; Security of tenure; Inferior court judges; Security of tenure; Historical precedents; 'Misbehaviour'; Incapacity; Inability; Judicial review; Practices compromising judicial independence; Acting or temporary judges; Renewable fixed-term warrants; Judicial secondment to more highly remunerated courts; Abolition or restructuring of courts; Knighthoods; Conclusion; 5 Appointment, discipline and removal of judges in South Africa; The legacy of the past; The current regime; Appointing judges.
- Disciplining and removing judges from officeWill form become substance?; 6 Appointment, discipline and removal of judges: fundamental reforms in the United Kingdom; Background to the creation of the new judicial appointments process in England and Wales; The form of judicial appointments commissions; Membership of the Judicial Appointments Commission for England and Wales; The record of the judicial appointments commissions to date; Discipline and removal; Removal; Complaints and disciplinary procedures; Conclusion; 7 Judicial selection, removal and discipline in the United States.