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Author: Graham Gee Publisher: Cambridge University Press ISBN: 1316240533 Category : Law Languages : en Pages : 307
Book Description
Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.
Author: Graham Gee Publisher: Cambridge University Press ISBN: 1316240533 Category : Law Languages : en Pages : 307
Book Description
Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.
Author: Vernon Bogdanor Publisher: Bloomsbury Publishing ISBN: 1847317146 Category : Law Languages : en Pages : 358
Book Description
The last decade has seen radical changes in the way we are governed. Reforms such as the Human Rights Act and devolution have led to the replacement of one constitutional order by another. This book is the first to describe and analyse Britain's new constitution, asking why it was that the old system, seemingly hallowed by time, came under challenge, and why it is being replaced. The Human Rights Act and the devolution legislation have the character of fundamental law. They in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. The old constitution emphasised the sovereignty of Parliament. The new constitution, by contrast, emphasises the separation of powers, both territorially and at the centre of government. The aim of constitutional reformers has been to improve the quality of government. But the main weakness of the new constitution is that it does little to secure more popular involvement in politics. We are in the process of becoming a constitutional state, but not a popular constitutional state. The next phase of constitutional reform, therefore, is likely to involve the creation of new forms of democratic engagement, so that our constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in Parliament, but, instead, as in so many constitutions, from `We, the People'. The old British constitution was analysed by Bagehot and Dicey. In this book Vernon Bogdanor charts the significance of what is coming to replace it. The expenses scandal shows up grave defects in the British constitution. Vernon Bogdanor shows how the constitution can be reformed and the political system opened up in`The New British Constitution'.
Author: Graham Gee Publisher: Routledge ISBN: 1315400049 Category : Law Languages : en Pages : 404
Book Description
What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC’s first ten years; appointments to the UK Supreme Court; the pace of change; definitions of ‘merit’ and ‘diversity’; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.
Author: Stephen Sedley Publisher: Cambridge University Press ISBN: 1316409341 Category : Law Languages : en Pages : 307
Book Description
Francis Bacon wrote in 1625 that judges must be lions, but lions under the throne. From that day to this, the tension within the state between parliamentary, judicial and executive power has remained unresolved. Lions under the Throne is the first systematic account of the origins and development of the great body of public law by which the state, both institutionally and in relation to the individual, is governed.
Author: Shimon Shetreet Publisher: Cambridge University Press ISBN: 1107013674 Category : Law Languages : en Pages : 495
Book Description
This study of the English judiciary stimulates a discussion of the factors shaping judicial independence, including accountability and constitutional adjudication.
Author: Jeffrey K. Staton Publisher: Cambridge University Press ISBN: 1316516733 Category : Law Languages : en Pages : 173
Book Description
This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
Author: Enid Campbell Publisher: Cambridge University Press ISBN: 0521769167 Category : Law Languages : en Pages : 423
Book Description
This definitive survey of the Australian judiciary describes and evaluates the work, techniques, problems and future of courts and judges.
Author: Graham Gee
Author: Graham Gee
Author: Vernon Bogdanor
Author: Graham Gee
Author: John Aneurin Grey Griffith
Author: Jeffrey L. Jowell
Author: Stephen Sedley
Author: Shimon Shetreet
Author: Jeffrey K. Staton
Author: Enid Campbell
Author: Andrew McDonald