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Democratic Consolidation, Judicial Reform, and the Judicialization of Politics in Southern Europe

Pedro C. Magalhães, Carlo Guarnieri, and Yorgos Kaminis

in Democracy and the State in the New Southern Europe

Published in print:
2006
Published Online:
May 2009
ISBN:
9780199202812
eISBN:
9780191708008
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199202812.003.0004
Subject:
Political Science, European Union, Democratization

This chapter presents the results of judicial reform in the new Southern Europe in the context of the legacies of the nondemocratic past and the strategies of political actors. The democratic ... More


State Courts

Daniel Berkowitz and Karen B. Clay

in The Evolution of a Nation: How Geography and Law Shaped the American States

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691136042
eISBN:
9781400840540
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691136042.003.0005
Subject:
Economics and Finance, Economic History

This chapter examines how a state's colonial legal system and levels of political competition in the state legislature shaped the independence of judges on the state high court. It argues that the ... More


Judicial Independence: A Functional Perspective

Beverley McLachlin

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0019
Subject:
Law, Legal History

This chapter writes about judicial independence and the distinction between the roles of the legislature and the courts. It discusses how the judiciary plays a unique and vital role in democratic ... More


Judicial Independence: Who Cares?: British Academy Law Lecture

Neil MacCormick

in Proceedings of the British Academy, Volume 151, 2006 Lectures

Published in print:
2007
Published Online:
January 2012
ISBN:
9780197264249
eISBN:
9780191734045
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197264249.003.0007
Subject:
History, Cultural History

This lecture discusses judicial independence. It notes that the increase in concern over judicial independence was due to recent developments in Scotland, England and Wales. The constitutional ... More


Proceedings of the British Academy, Volume 151, 2006 Lectures

P. J. Marshall (ed.)

Published in print:
2007
Published Online:
January 2012
ISBN:
9780197264249
eISBN:
9780191734045
Item type:
book
Publisher:
British Academy
DOI:
10.5871/bacad/9780197264249.001.0001
Subject:
History, Cultural History

This series features distinguished works in the humanities and social sciences. This volume of the Proceedings of the British Academy contains fifteen lectures delivered at the British Academy in ... More


Sweden’s Contribution to Governance of the Judiciary *

John Bell

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0016
Subject:
Law, Legal History

This chapter discusses how Sweden has managed to create an approach to the governance of the judiciary which meets the contemporary need to secure accountability of the judiciary whilst respecting ... More


Thesis and antithesis: To check or not to check the Judiciary

Cristina E. Parau

in Transnational Networking and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266403
eISBN:
9780191879593
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266403.003.0005
Subject:
Law, Legal Profession and Ethics

This chapter analyses Network Community discourses in order to better expose the causal role of its hegemonic norms. Key assumptions held by the Community about the qualities of their agenda are ... More


The Separation of Powers

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0007
Subject:
Law, Comparative Law, Legal History

Contradictory institutional demands for both judicial independence and expertise in administrative disputes are related to theoretical and everyday requirements of objectivity and subjectivity. This ... More


A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Mel A. Topf

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is the only comprehensive treatment of the history and controversies, the law and theories, about U.S. state supreme court advisory opinions. This significant but little studied area of ... More


A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787

Scott Douglas Gerber

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199765874
eISBN:
9780199896875
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765874.001.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

This book provides a critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. The first chapter begins by ... More


Wearing Two Hats: Judges and Nonjudicial Functions

Nuno Garoupa and Tom Ginsburg

in Judicial Reputation: A Comparative Theory

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226290591
eISBN:
9780226290621
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226290621.003.0004
Subject:
Law, Comparative Law

One of the interesting and understudied phenomena in comparative judicial studies concerns the roles judges play in exercising non-judicial functions. In recent years, judges have led commissions of ... More


Investment Treaty Arbitration and Public Law

Gus Van Harten

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.001.0001
Subject:
Law, Public International Law

The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of ... More


Judges: Status, Career, and Activism

Carlo Guarnieri

in The Power of Judges: A Comparative Study of Courts and Democracy

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198298359
eISBN:
9780191685422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298359.003.0002
Subject:
Law, Legal Profession and Ethics

Even though there is a trend in all contemporary democracies towards courts increasingly playing a politically significant role, there are some important differences in its intensity and the way ... More


The Independence of the Judge

David Keene

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0018
Subject:
Law, Legal History

This chapter looks at the importance of the independence of the judge, and how Lord Bingham has dealt with this in his work. In order to secure independence it is not sufficient to prevent the ... More


New Men, New Courts, and Old Laws

William G. Wagner

in Marriage, Property, and Law in Late Imperial Russia

Published in print:
1994
Published Online:
October 2011
ISBN:
9780198204473
eISBN:
9780191676291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198204473.003.0002
Subject:
History, European Modern History

This chapter focuses on the need for redefining legal relationships based on the ideals of legality, civil equality, and affective relations with the family. It emphasizes the use of law to initiate ... More


Judicial Independence *

Tom Bingham

in The Business of Judging: Selected Essays and Speeches

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.003.0004
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

It is a truth universally acknowledged that the constitution of a modern democracy governed by the rule of law must effectively guarantee ... More


Parliamentary Accountability and the Judicial System

Andrew Le Sueur

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/9780199670024.003.0009
Subject:
Law, Constitutional and Administrative Law

Orthodox constitutional thinking suggests that scrutiny of judicial decisions by parliamentarians would be inconsistent with judicial independence, and that ministers (in particular the Lord ... More


Reining in the Executive: What Can the Judiciary Do?

Nathan J. Brown

in Judges and Political Reform in Egypt

Published in print:
2009
Published Online:
January 2012
ISBN:
9789774162015
eISBN:
9781617970993
Item type:
chapter
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774162015.003.0009
Subject:
Political Science, International Relations and Politics

This chapter explains why the struggle for judicial independence attracts high hopes from advocates of political liberalization and constitutional reform. It explores the various tools that judges ... More


Procedural Lawmaking at the International Criminal Tribunals

Göran Sluiter

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0014
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the role played by the judges in creating the procedural rules which govern the functioning of the ad hoc Tribunals. Noting that the bench had been tasked with devising its own ... More


Canada: From Privy Council to Supreme Court

Peter W. Hogg

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0003
Subject:
Law, Comparative Law

Canada has no single document that is customarily described as ‘the constitution’. The closest approximation of such a document is the Constitution Act 1867, which was originally named the British ... More


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