This volume The Culture of Judicial Independence in a Globalised World is an academic continuation of the previous three volumes: Judicial Independence: The Contemporary Debate, edited by Professor Shimon Shetreet and Chief Justice Deschenes (Brill/Nijhoff, 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Brill/Nijhoff, 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Brill/Nijhoff, 2014).
This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence – both national and international.
Shimon Shetreet is the Greenblatt Chair of Public and International Law at the Hebrew University of Jerusalem, Israel (emeritus). He is a Member of the Royal Flemish Academy of Arts and sciences of Belgium and the author and editor of many books on the judiciary. He is the President of the International Association of Judicial Independence and World Peace and the leader of the International Project of Judicial Independence and the Mt Scopus International Standards of Judicial Independence 2008. Between 1988 and 1996 he served as a Member of the Israeli Parliament, and was a cabinet minister under Yitshak Rabin and Shimon Peres. He also served as Senior Deputy Mayor of Jerusalem. He was a Judge of the Standard Contract Court and served as a member of the Chief Justice Landau Commission on the Israeli Court System.
Wayne McCormack is a Professor of Law at the University of Utah S.J. Quinney College of Law since 1978 and served as Associate Dean for Academic Affairs. He coordinated the University of Utah's involvement with the 2002 Olympic Winter Games at Salt Lake City. Professor McCormack has written extensively in Constitutional Law, Judicial Procedure, and Law and Terrorism. He is an Editor for the blog globaljusticeblog.com. He served as Associate Director of the Association of American Law Schools. He is a member of the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace.
Table of cases; List of legislation; Preface; Acknowledgements; List of contributors;
Part I Judicial Independence: Globalized Legal Culture;
Chapter One Introduction;
Chapter Two The Impact of International Law on Judicial Independence in Domestic Law: The Jurisprudence of the European Court of Human Rights Shimon Shetreet;
Chapter Three Reflections on Judicial Independence Marcel Storme;
Chapter Four Judicial Independence and Judicial Accountability: Two Sides of the Same Coin Sophie Turenne;
Chapter Five Judicial independence in Italy Giuseppe Franco Ferrari;
Chapter Six Administrative Justice and the Independence of the Judiciary Graham Zellick, QC;
Part II The Challenge of Careful Drawing of Boundaries of Judicial Function
Chapter Seven Limits of the Law Esther Hayut;
Chapter Eight The presence of Religious Symbols in Public Schools: the Attitudes of Italian Courts between Historical Legacy and Protection of Minority Beliefs Daniela Cavallini;
Chapter Nine The Dark Side of Counter-Terrorism: The argument for a more enlightened approach based on a constitutional law paradigm Arianna Vedaschi*;
Chapter Ten Judicial Creativity in Australia and Implications for Judicial Independence H P Lee*;
Part III Judicial Independence and Accountability: Contemporary Analysis
Chapter Eleven Judicial Independence Without Power: Norms in Search of Law Wayne McCormack;
Chapter Twelve Conflict of Interests as an Exclusionary Factor in the Judicial Nomination Process Sergey Nikitin;
Chapter Thirteen Attaining Justice for Foreign Parties in Domestic Courts Fryderick Zoll;
Chapter Fourteen The Role of the Legal Profession in Protecting Judicial Independence Jennifer Temkin;
Chapter Fifteen Relations between Top Courts and Supra-National Courts Shimon Shetreet;
Chapter Sixteen Constitutional Review by The Brazilian Supreme Court: The Case of Civil Arrest Ada Pellegrini Grinover;
Chapter Seventeen Judicial Independence in Albania: A Study of Institutional Shields and Political Interference Teuta Vodo;
Part IV Domestic Courts and Foreign Elements: Foreign Parties, Foreign Law and Foreign Judges
Chapter Eighteen To Ignore Or Not To Ignore: A Silly Debate In The U.S. Supreme Court? Wayne McCormack;
Chapter NineteenUse of Foreign Law By The U.S. Supreme Court Jonathan L. Entin;
Chapter Twenty The Foreign Party’s Choice between Arbitration and Court Litigation Neil Andrews;
Chapter Twenty-one Legal Aspects Regarding Foreign Parties in Austrian Civil Courts Walter H. Rechberger;
Chapter Twenty-two State liability for judicial wrongs: Impact of Rulings of the European Court of Justice and Debate in Italy Daniela Cavallini*;
Chapter Twenty-three The Expatriate Judges and Rule of Law in Hong Kong: Its Past, Present and Future Lin Feng*;
Chapter Twenty-four Resolving Cross Country Tax Disputes in Cases of International Economic Double Taxation Yitzhak Hadari;
Part V Judicial Attitude towards “Others” in Domestic Courts
Chapter Twenty-five Citizens and Aliens in U.S. Courts Wayne McCormack;
Chapter Twenty-six Addressing the Otherness of Hispanic Immigrants in Florida Criminal Courts George W. Maxwell III*;
Part VI Recent Amendments to the Mt Scopus International Standards of Judicial Independence
Chapter Twenty-sevenAmendments to the Mt Scopus Standards (Moscow Conference, Osnabrueck Conference and Bologna and Milan Conference) Shimon Shetreet;
Chapter Twenty-eight Towards a Global Code of Judicial Ethics Shimon Shetreet;
Part VII Text of the International Standards on Judicial Independence
Appendix I; Appendix II; Appendix III; Appendix IV; Index.