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On Judicial Transparency, Control, and Accountability

Mitchel de S.-O.-l’E. Lasser

in Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy

Published in print:
2009
Published Online:
January 2010
ISBN:
9780199575169
eISBN:
9780191706714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199575169.003.0010
Subject:
Law, Comparative Law

This chapter discusses some of the difficult, but fascinating, rule of law/democratic theory issues raised by the judicial approaches employed by the Cour de cassation of France, the Supreme Court of ... More


Accountability in the Contemporary Constitution

Nicholas Bamforth and Peter Leyland (eds)

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.001.0001
Subject:
Law, Constitutional and Administrative Law

Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many ... More


Judicial Accountability in Comparative Perspective

Mark Tushnet

in Accountability in the Contemporary Constitution

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the complex relationship between judicial accountability and judicial independence. If judges are unaccountable to the public, they can become the people's rulers. Yet, if they ... More


Courting Peril: The Political Transformation of the American Judiciary

Charles Gardner Geyh

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190233495
eISBN:
9780190233518
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233495.001.0001
Subject:
Political Science, American Politics

The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the ... More


Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy

Mitchel de S.-O.-l'E. Lasser

Published in print:
2009
Published Online:
January 2010
ISBN:
9780199575169
eISBN:
9780191706714
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199575169.001.0001
Subject:
Law, Comparative Law

This book compares how and why the European Court of Justice, the French Cour de cassation, and the United States Supreme Court offer different approaches for generating judicial accountability and ... More


Introduction

Charles Gardner Geyh

in Who is to Judge?: The Perennial Debate Over Whether to Elect or Appoint America's Judges

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190887148
eISBN:
9780190939885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190887148.003.0001
Subject:
Law, Legal Profession and Ethics, Constitutional and Administrative Law

Chapter 1 introduces the long-standing debate over how best to select judges in the United States and summarizes the positions of the disputants to the end of exposing the interminable and seemingly ... More


Introduction

Charles Gardner Geyh

in Courting Peril: The Political Transformation of the American Judiciary

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190233495
eISBN:
9780190233518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233495.003.0001
Subject:
Political Science, American Politics

The introduction begins with the rule of law paradigm, which has long operated on the premise that independent judges disregard extralegal influences and uphold the law. In recent decades, however, ... More


The Legal Culture Paradigm

Charles Gardner Geyh

in Courting Peril: The Political Transformation of the American Judiciary

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190233495
eISBN:
9780190233518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233495.003.0005
Subject:
Political Science, American Politics

Chapter 5 revisits the ailing rule of law paradigm and proposes, in its stead, a new “legal culture” paradigm, which rests on a different set of assumptions that comport more closely with the ... More


The Counter-Arguments

William M. Richman and William L. Reynolds

in Injustice On Appeal: The United States Courts of Appeals in Crisis

Published in print:
2012
Published Online:
May 2013
ISBN:
9780195342079
eISBN:
9780199332397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342079.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter advances some counter-arguments against the limited publication regime. There are four such arguments. First, limited publication reduces judicial accountability; second, it lessens ... More


Judicial Performance, Membership, and Design at the Court of Justice

Damian Chalmers

in Selecting Europe's Judges: A Critical Review of the Appointment Procedures to the European Courts

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198727781
eISBN:
9780191794117
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727781.003.0003
Subject:
Law, EU Law, Legal Profession and Ethics

This chapter argues, through an analysis of the history of the professional backgrounds of the Court of Justice, that the absence of a clear vision for the function and direction of the Court of ... More


Conclusion

Charles Gardner Geyh

in Courting Peril: The Political Transformation of the American Judiciary

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190233495
eISBN:
9780190233518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233495.003.0008
Subject:
Political Science, American Politics

Chapter 8 summarizes six major points: (1) the rule of law paradigm has structured our conception of the American judiciary for centuries; (2) The landscape of the American courts is changing in ways ... More


The Bar and the Bench 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0073
Subject:
Law, Constitutional and Administrative Law

This chapter examines the suspension of five distinguished lawyers by the Supreme Court Bar Association on the grounds of making 'irresponsible' allegations against Justice Madan Mohan Punchhi in a ... More


Realpolitik Influences

Eric K. Yamamoto

in In the Shadow of Korematsu: Democratic Liberties and National Security

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190878955
eISBN:
9780190878986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190878955.003.0008
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter identifies realpolitik influences on the implementation of the proposed method for judicial review. It dispels the formalist notion that the judicial embrace of the method—any ... More


Who is to Judge?: The Perennial Debate Over Whether to Elect or Appoint America's Judges

Charles Gardner Geyh

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190887148
eISBN:
9780190939885
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190887148.001.0001
Subject:
Law, Legal Profession and Ethics, Constitutional and Administrative Law

An elected judiciary is virtually unique to the American experience, and creates a paradox in a representative democracy. Elected judges take an oath to uphold the law impartially, which calls upon ... More


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