Judicial independence at the crossroads an interdisciplinary approach

Cover of: Judicial independence at the crossroads |

Published by Sage Publications in Thousand Oaks, Calif .

Written in English

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Places:

  • United States.

Subjects:

  • Judicial process -- United States.,
  • Judicial power -- United States.,
  • Judges -- United States.,
  • Courts -- United States.

Edition Notes

Book details

StatementStephen B. Burbank, Barry Friedman, editors.
ContributionsBurbank, Stephen B., Friedman, Barry, 1958-
Classifications
LC ClassificationsKF8775 .J825 2002
The Physical Object
Pagination[4], 298 p. :
Number of Pages298
ID Numbers
Open LibraryOL3551901M
ISBN 100761926569, 0761926577
LC Control Number2002001365

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Judicial Judicial independence at the crossroads book at the Crossroads: An Interdisciplinary Approach is a path-breaking collection of essays by leading scholars from the disciplines of law, political science, history, economics and : Paperback.

suggest that judicial independence is more than a slogan and worth study. To answer the first question, I draw on a long and well-developed tradition of power analysis in political science. From a power perspective, judicial independence is synonymous with judicial autonomy, and autonomy can be defined fairly precisely.

In principle, we can measureFile Size: KB. Judicial independence at the crossroads: An interdisciplinary approach Thousand Oaks, CA: SAGE Publications, Inc. doi: / Burbank, Stephen B. and Barry Friedman, eds. Judicial Independence at the Crossroads: An Interdisciplinary Approach.

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Judicial Independence at the Crossroads: An Interdisciplinary Approach is a path-breaking collection of essays by leading scholars from the disciplines of law, political science, history, economics and sociology.

As a result, the essays represent a strongly interdisciplinary perspective that enables the reader to identify common myths in. Judicial Independence at the Crossroads: An Interdisciplinary Approach is a collection of essays reflecting the disciplinary perspectives of the authors and the shared understanding that emerged from the : Stephen B.

Burbank. Participants. Panel 1: Judicial Independence and the Early Federal Courts. Paul Finkelman is the president of Gratz has held a number of endowed chairs as a tenured professor or as a visitor, including the Ariel F.

Sallows Chair in Human Rights Law at the University of Saskatchewan, the John Hope Franklin Chair in American Legal History at Duke Law School, and the President William.

Judicial independence, the ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private.

The term is also used in a normative sense to refer to the kind of independence that courts and judges ought to possess. That ambiguity in the meaning of the term judicial independence has compounded already existing controversies and. Get this from a library.

Judicial independence at the crossroads: an interdisciplinary approach. [Stephen B Burbank; Barry Friedman;] -- "The authors provide an excellent examination of judicial independence that tends to raise more questions than answers a fascinating book that raises important questions about a concept that is.

Judicial independence is the concept that the judiciary should be independent from the other branches of is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests.

Judicial independence is important to the idea of separation of powers. Many countries deal with the idea of judicial independence through. Burbank is the author of definitive works on federal court rulemaking, inter jurisdictional preclusion, litigation sanctions, international civil litigation, litigation retrenchment, and judicial independence and accountability.

He is co-editor (with Barry Friedman) of Judicial Independence at the Crossroads: An Interdisciplinary Approach. This study discusses the many different aspects of judicial independence in Israel.

It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society.

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 Cited by: Get this from a library. Judicial independence at the crossroads: an interdisciplinary approach. [Stephen B Burbank; Barry Friedman;] -- Concerned that scholars in various disciplines were talking past each other and that policy debates concerning judicial independence were impoverished, the editors convened a conference of scholars.

The impartial administration of justice and the accountability of government officials are two of the most strongly held American values.

Yet these values are often in direct conflict with one another. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups. Judicial Independence at the Crossroads interdisciplinary collection of essays by leading scholars on the contentious issues of judicial independence and federal judicial selection.

I would highly recommend this book for all scholars of public law because of its richness of information as well as how the essays call into question the. independence, in judicial independence at the crossroads: an interdisciplinary APPROACH (Barry Friedman & Stephen Burbank eds., ).

INDIANA LAW JOURNALCited by: 5. 4 Judicial Independence: Some Recent Problems JUNE That an independent judiciary is a prerequisite for any society based on the rule of law cannot be doubted, and conditions for that independence are uncontroversially set out in both the IBA Minimum Standards of Judicial Independence, adopted inand the Basic Principles on the.

Judicial Independence at the Crossroads: An Interdisciplinary Approach Paperback – April 2 by Stephen Burbank (Author), Barry Friedman (Author) See all 6 formats and editions Hide other formats and editions.

Amazon Price New from Author: Stephen Burbank, Barry Friedman. In a liberal republican democracy, judicial independence functions to set out and also protect political rights, civil liberties and also the rule of law [].

As such, the three pairs of components are ought to be existed and balanced, in which the first pair of the component is the utility and efficiency. Independence of the judiciary. The independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country.

It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. In the case of judicial independence, impeachment offers some security that if judges are acting in an illegal fashion, they can be removed from the bench.

A second major check on the power of the courts is the Judicial Code of Conduct. When judges take office, they agree to abide by a set of ethical principles established by the Judicial.

legal and political science literatures on, judicial independence. Many people simply assume that there is agreement about what judicial independence is, thereby relieving them of the duty.

state precisely what they mean when invoking the term. Many others are quite clear what they mean by judicial independence, but their definitionsCited by: 7.

Title Judicial Independence at the Crossroads: An Interdisciplineary Approach. Binding Paperback. Book Condition Very Good. Type Paperback. Publisher SAGE Publications, Inc ISBN Number / Seller ID Guidance for Promoting Judicial Independence and Impartiality F. Judicial Independence in the United States: Current Issues and Relevant Background Information by Mira Gur-Arie Russell Wheeler 1.

Introduction Judicial independence has been a core political value in the United States since the founding of the republic.

Alexander Hamilton. I "There is no literature on judicial independence; rather, there are 'literatures'." Stephen B. Burbank et al., Introduction, in JUDICIAL INDEPENDENCE AT THE CROSSROADS: AN INTERDISCIPLINARY APPROACH 3 (Stephen B.

Burbank & Barry Friedman eds., ) [hereinafter JUDICIAL INDEPENDENCE AT THE CROSSROADS]. Judicial independence In your country, how independent is the judicial system from influences of the government, individuals, or companies. [1 = not independent at all; 7 = entirely independent] Source: World Economic Forum, Executive Opinion Survey.

For File Size: KB. Independence of the judiciary (also judicial independence) is the principle that the judiciary should be politically insulated from the legislative and the executive power. That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests.

Part I. Judicial Independence and the Federal Courts— Talking Points 1. Constitutional Protections and Political Debates A central principle of the United States system of government holds that judges should be able to reach decisions free from political pressure.

The framers of the Constitution shared a commitment to judicial independ. Judicial Independence at the Crossroads: Grappling with Ideology and History in the New Nepali Constitution Article (PDF Available) January with 92 Reads How we measure 'reads'Author: David Pimentel.

Judicial Independence at the Crossroads: An Interdisciplinary Approach is a collection of essays reflecting the disciplinary perspectives of the authors and.

Judicial Independence and Judicial Accountability in the th Congress and Beyond 5 workload or the length of the vacancy. At the end of March, nominations for only five ofFile Size: KB.

Barry E. Friedman (born Janu ) is an American academic and one of the country's leading authorities on constitutional law, policing, criminal procedure, and federal courts, working at the intersections of law, politics and history.

Friedman teaches a variety of courses including Judicial Decisionmaking, Federal Courts and the Federal System, and Criminal Procedure: Fourth and Fifth Alma mater: J.D., Georgetown University Law Center,B.A., University of Chicago, Burbank SB, Friedman B (b) Reconsidering judicial independence.

In: Burbank SB, Friedman B (eds) Judicial independence at the crossroads: an interdisciplinary approach. Sage Publications, Thousand Oaks Google ScholarAuthor: Lorne Neudorf. In a literal sense, judicial independence refers to the ability of courts and judges to perform their duties free of influence or control by other actors.

However, the term is more often used in a normative sense to refer to the kind of independence that it is considered desirable for courts and judges to possess. Judicial Independence at the Crossroads. One of the enduring lessons of that book was that research on judicial independence was, and ought to be, fundamentally interdisciplinary in nature.

In the years since its publication, we have witnessed a substantial volume of research on the subject, and this work has certainly spanned multiple. Judicial Independence at the Crossroads: An Interdisciplinary Approach is a path-breaking collection of essays by leading scholars from the disciplines of law, political science, history, economics and sociology.

Judicial Independence: Often Cited, Rarely Understood. Book. Jan ; in JUDICIAL INDEPENDENCE AT THE CROSSROADS, supra note 2, atSee THOMAS HOBBES, LEVIATHAN (Richard. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public.

But at the state level, debate has continued as to the proper balance between judicial independence and judicial by: 6. Judicial independence is the idea of keeping the judiciary away from the other branches of government. The main objective behind granting judicial independence is to avoid the improper influence on the court from the other branches of government, or from private or partisan interests.

The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level.

This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political 1. For an excellent introduction to those problems and complexities, see JUDICIAL INDEPENDENCE AT THE CROSSROADS: AN INTERDISCIPLINARY APPROACH (Stephen B.

Burbank & Barry Friedman, eds., ). For a recent study examining the functional Author: Purcell, A Edward.THE ARCHITECTURE OF JUDICIAL INDEPENDENCE * S. TEPHEN. B. B. URBANK ** I. INTRODUCTION Concern about judicial independence has been a recurrent feature of American history, as have attacks on courts and their decisions.

In recent years, however, such attacks have become more than the expected re-sponse of persons who profoundly disagree with.

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