Challenged Justice: In Pursuit of Judicial Independence

Challenged Justice: In Pursuit of Judicial Independence is an academic continuation of the previous volumes on judicial Independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, and Wayne McCormack. All books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014) and The Culture of Judicial Independence in a Globalised World (2016).
This book offers academic articles by distinguished jurists on judicial independence and judicial process in many jurisdictions including indicators of justice and analysis of international Standards on judicial independence and judicial ethics.

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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.

Hiram E. Chodosh is President and Professor of Claremont McKenna College. He served as Dean of the S.J. Quinney College of Law at the University of Utah, and Hugh B. Brown Endowed Presidential Professor of Law and Senior Presidential Adviser on Global Strategy. Distinguished scholar and author.

Eric Helland is the William F. Podlich Professor of Economics and George R. Roberts Fellow at Claremont McKenna College and an adjunct economist at the RAND Corporation, in the Institute for Civil Justice. He is the author of over 50 books and scientific articles.
Preface
Acknowledgements
Table of Cases
Table of Legislation
Notes on Contributors

1 General Introduction
  Shimon Shetreet

PART 1
Challenges to Judicial Independence

2 Reflections on the Changing Position of the Judiciary
  Lord Thomas with Introduction by Lord Pannick

3 Threats to Judicial Independence
Traditional Transitions Challenged
  Wayne McCormack

4 The Rule of Universality and Particularity
Judicial Independence, Judicial Appointments and Other Issues
  Shimon Shetreet

PART 2
Measuring Justice

5 Quality of Justice for Citizens
From Courts Standards to Equal Access for All
  Daniela Piana

6 Commodification of Justice--A Personal View on Managerial Performance Indicators in the Judicial Context
  Michael Bohlander

7 Judicial Independence Through Data-Driven Knowledge, Open Data, and Artificial Intelligence from a European Perspective
  Gianpaolo Maria Ruotolo

8 Judicial Independence
A French Paradoxical Pattern in the European Field
  Emmanuel Cartier

PART 3
Judicial Independence and Impartiality

9 Global Perspectives of Judicial Independence
Structural Transitions and Turmoil
  Wayne McCormack

10 The Struggle to Defend the Independence of the Judiciary in Africa
  Charles Manga Fombad

11 The Transformation of Judicial Independence in Belarus in The Post-Communist Era
  Ksenyia Laputko

12 Aged Clichés, Different Suburb
Justice in Romania: Crisis Vs. Independence
  Sebastian Spinei

13 Family Ties and Judicial Independence
  Jonathan L. Entin

PART 4
Judicial Accountability

14 Judges’ Responsibility and Accountability
  Eliezer Rivlin

15 The Code of Conduct for the Justices of the Federal Constitutional Court of Germany
  Thorsten Ingo Schmidt

16 Judges On and Off the Bench
The Outreach of Independence
  Louis Blom-Cooper

PART 5
Judicial Protection of Individual Rights

17 Judicial Role in the Protection of Social Rights
  Giuseppe Franco Ferrari

18 The Judicial Role in the United States and the Political Question Doctrine
  Maimon Schwarzschild

PART 6
The Rule of Law and Democracy

19 Fighting for Political Liberalism
The Role of Lawyers in Mobilizing for Judicial Independence
  Mónica Castillejos-Aragón

20 Matters of the Judiciary
A Role for Bar Associations
  Cyrus Das

21 Democracy Challenged
Theoretical Foundations of the Concept of Judicial Independence and the Contemporary Challenges—Comparative Perspectives
  Shimon Shetreet

22 Analysis of the Amendments of Mount Scopus Standards of Judicial Independence and the Bologna and Milan Global Code of Judicial Ethics (Adopted 2016–2019)
  Shimon Shetreet

PART 7
Appendices

Appendix I Mount Scopus International Standards of Judicial Independence 421 Appendix II Bologna, Milano Global Code of Judicial Ethics 2015 456 Appendix III The New Delhi Code of Minimum Standards of Judicial Independence (Adopted by the IBA New Delhi Convention 1982)
Appendix IV Montreal Universal Declaration on the Independence of Justice
Appendix V UN Basic Principles on the Independence of Judges and Lawyers
Appendix VI United Kingdom Supreme Court Guide to Judicial Conduct (2019)
Appendix VII Code of Conduct for the Justices of the Federal Constitutional Court of Germany

PART 8
In Memoriam

1 In Memoriam- Professor Marcel Storme
2 In Memoriam- Professor Sir Louis Blom- Cooper, QC

Index

Academic and professional libraries, students, researchers, practitioners, lawyers, political scientists, judges, public officers, court administrators and other members of the legal profession.
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