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Title:

Judicial independence under threat / edited by Dimitrios Giannoulopoulos and Yvonne McDermott.

Edition:

First edition.

Publisher:

Published for the British Academy by Oxford University Press,

Copyright Date:

2022

Description:

xix, 259 pages ; 24 cm.

Subject:

Judicial independence.
Separation of powers.
Independance judiciaire.
Separation des pouvoirs.
Judicial independence
Separation of powers

Other Authors:

Giannoulopoulos, Dimitrios, editor. https://isni.org/isni/0000000358380555
McDermott, Yvonne, editor. https://isni.org/isni/0000000382564039
British Academy.

Notes:

Includes bibliographical references and index.

Contents:

Index. Conclusion : on 'crisis' and threats to judicial independence as constant features in the landscape of judicial activity / Yvonne McDermott and Dimitrios Giannoulopoulos -- Part I : Identifying and understanding threats to judicial independence -- 1. 'Enemies of the people' : populism's threat to independent judiciaries / Jan-Werner Mu˜ller -- 2. The rule of law across the world : a system in crisis? / Schona Jolly QC -- 3. Judicial independence under threat : what is the matter with our politicians? / Dominic Grieve QC -- 4. Understanding judicial independence in the age of outrage / Martina Y. Feilzer -- 6. 'Enemies of the people' : Article 50, the press and anti-juridicalism / Julian Petley -- Part II : Judicial independence : international and historical perspectives -- 6. Judicial independence and two visions of American democracy / David Alan Sklansky -- 7. Is there a French habeas corpus? : Thinking about the control by an independent judicial authority over the deprivation of liberty before criminal trials / Raphae˜le Parizot -- 8. Judicial independence and the prevention of atrocity crimes in Myanmar / Daniel Aguirre -- 9. Identifying dangers to democracy : fascism, the rule of law and the relevance of history / Stephen Skinner -- Part III : Judicial independence in context : from criminal justice to 'law and emotions' studies and looking to the future of judicial independence -- 10. Judicial independence and countering terrorism in the UK / John D. Jackson -- 11. The parole board as an independent judicial body, and challenges to its independence / His Honour Jeremy Roberts QC -- 12. The judge under pressure : fostering objectivity by abandoning the myth of dispassion / Moa Bladini and Stina Bergman Blix -- 13. Epilogue : judicial independence : the need for constant vigilance / The Right Hon the Lord Thomas of CWMGIEDD -- 14. Conclusion : on 'crisis' and threats to judicial independence as constant features in the landscape of judicial activity / Yvonne McDermott and Dimitrios Giannoulopoulos -- Index.

Summary:

Judicial independence is increasingly under threat. The rise of populism risks undermining the separation of powers, with some politicians, media outlets and members of the public taking aim at judges, labelling them as part of the establishment and the elite, the 'enemies of the people'. Judicial Independence Under Threat seeks to situate these contemporary challenges to judicial independence in their proper legal, philosophical, political and historical contexts. It brings academic scholars from a variety of disciplines together with judges, politicians and legal professionals and asks what core shared values of our legal and political systems judicial independence seeks to protect, and how threats to that independence can be protected against. What can we learn from comparative, historical, political, philosophical, and legal insights on the separation of powers, and what means can we discover to prevent against challenges to the independence of judges in times of crisis? -- Provided by publisher.

Series:

Proceedings of the British Academy, 0068-1202 ; 250

ISBN:

0197267033
9780197267035

OCLC:

(OCoLC)1334138545

Locations:

OVUX522 -- University of Iowa Libraries (Iowa City)