Judicial Independence Under Threat
Series: Proceedings of the British Academy; 250;
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Product details:
- Publisher OUP Oxford
- Date of Publication 11 August 2022
- ISBN 9780197267035
- Binding Hardback
- No. of pages282 pages
- Size 240x161x20 mm
- Weight 564 g
- Language English 268
Categories
Short description:
Judicial Independence Under Threat seeks to situate contemporary challenges to judicial independence in their proper legal, philosophical, political and historical contexts. It asks how threats to judicial independence can be protected against.
MoreLong description:
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?
The book is an absorbing read and deserves to attract a wide audience.
Table of Contents:
Foreword by the Right Hon. the Lord Kerr of Tonaghmore
Introduction: The Judiciary Under Attack (and Why It Matters to Safeguard Judicial Independence)
Part I: Identifying and Understanding Threats to Judicial Independence
1. 'Enemies of the People': Populism's Threat to Independent Judiciaries
2. The Rule of Law Across the World: A System in Crisis?
3. Judicial Independence Under Threat: What is the Matter with Our Politicians?
4. Understanding Judicial Independence in the Age of Outrage
5. 'Enemies of the People': Article 50, the Press and Anti-Juridicalism
Part II: Judicial Independence: International and Historical Perspectives
6. Judicial Independence and Two Visions of American Democracy
7. Is There a French Habeas Corpus? Thinking About the Control by an Independent Judicial Authority over the Deprivation of Liberty before Criminal Trials
8. Judicial Independence and the Prevention of Atrocity Crimes in Myanmar
9. Identifying Dangers to Democracy: Fascism, the Rule of Law and the Relevance of History
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
11. The Parole Board as an Independent Judicial Body, and Challenges to its Independence
12. The Judge Under Pressure: Fostering Objectivity by Abandoning the Myth of Dispassion
13. Epilogue: Judicial Independence: The Need for Constant Vigilance
14. Conclusion: On 'Crisis' and Threats to Judicial Independence as Constant Features in the Landscape of Judicial Activity
