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Judicial Independence: Cornerstone of Democracy
This book is an academic continuation of the previous five volumes on judicial independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, Wayne McCormack, Hiram E. Chodosh and Eric Helland, 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), The Culture of Judicial Independence in a Globalised World (2016), Challenged Justice: In Pursuit of Judicial Independence (2021).
This volume offers studies by distinguished scholars and judges from different jurisdictions on numerous dimensions regarding the essential role of judicial independence in democracy. It includes analyses of basic constitutional principles and contemporary issues of judicial independence and judicial process in many jurisdictions and analyses of international standards of judicial independence and judicial ethics.
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), The Culture of Judicial Independence in a Globalised World (2016), Challenged Justice: In Pursuit of Judicial Independence (2021).
This volume offers studies by distinguished scholars and judges from different jurisdictions on numerous dimensions regarding the essential role of judicial independence in democracy. It includes analyses of basic constitutional principles and contemporary issues of judicial independence and judicial process in many jurisdictions and analyses of international standards of judicial independence and judicial ethics.
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 Yitzhak 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. Received the International Jurist Association Award 2011 New Delhi.
Hiram E. Chodosh, holds a BA degree from Wesleyan University and a JD degree from Yale University. He is President and Professor of Claremont McKena College, he served as Professor and Director of the Frederick K. Cox International Law Center at Case Western Reserve University School of Law, 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. President Chodosh served as Fulbright Senior Scholar in India and received the Gandhi Peace award.
Hiram E. Chodosh, holds a BA degree from Wesleyan University and a JD degree from Yale University. He is President and Professor of Claremont McKena College, he served as Professor and Director of the Frederick K. Cox International Law Center at Case Western Reserve University School of Law, 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. President Chodosh served as Fulbright Senior Scholar in India and received the Gandhi Peace award.
Preface
Acknowledgements
Notes on Contributors
Table of Cases
Table of Legislation
1 General Introduction
Shimon Shetreet
Part 1
Democracy, Rule of Law and Judicial Independence in Challenging Times
2 The Judiciary in Malta in Historical and Comparative Prespective
Vincent A. De Gaetano
3 Analysis of the Major Contemporary Threats and Challenges to the Independence of Justice
Diego Garcia–Sayan
4 Judicial Independence in the Face of Political Impunity
Tassaduq Hussain Jillani
5 Judicial Independence and Political Impunity A Brief Rejoinder from India
Arghya Sengupta
6 The Contribution of the Jurisprudence of the Supreme Court to the Protection of Social Rights
Justice Yosef Elron
7 Theory of Separation of Powers and Its Development in England
Shimon Shetreet
Part 2
Measuring and Evaluation of the Justice System
8 Measuring Justice and Judicial Independence The Impracticable Imperative
Hiram E. Chodosh and Eric Helland
9 Artificial Intelligence and the Judiciary
Lord John Thomas
10 Evaluation and Measurement of Courts
Yigal Mersel
11 Scientific Evidence in Courts of Law An Overview
Jay Levinson, Eti Buchnik, Barak Ariel and Abraham J. Domb
Part 3
Contemporary Challenges of Judicial Independence
12 Contemporary Challenges to Israeli Judiciary Proposed Judicial Reform
Shimon Shetreet
13 Public Opinion and Public Trust in the Israeli Judiciary
Nir Atmor and Menachem Hofnung
14 The Struggle for the Independence of the Judiciary in the Palestinian Authority
Haim Sandberg
15 The Legitimacy of Judge’s Consultation with Colleagues and External Experts
David Cheshin
16 Challenging the Traditional System of Appointment of Judges to the Federal Supreme Court in Switzerland
Gian Andrea Danuser
Part 4
eli
– Mount Scopus Project on Standards of Judicial Independence
17 The Significance of Developing International and European Standards of Judicial Independence The
eli
Mt Scopus Project
Shimon Shetreet
18 European Standards of Judicial Independence – Lessons from the Court of Justice of the European Union
Sophie Turenne
19 Judicial Self-governing Bodies Instruments of Independence or Path to Ossification?
Giuseppe Franco Ferrari
20 Challenges to Judicial Structural Independence in Slovenia
Marko Novak
21 The Challenge of Balancing Between Universality and Particularity in Shaping International Standards of Judicial Independence
Shimon Shetreet
Part 5
Contemporary Issues on the Role of the Judiciary Constitutional Position of the Judiciary
22 The Struggle for Judicial Independence The Supreme Court as a Constitutional Beacon in El Salvador
Mónica Castillejos-Aragón
23 Jointly and Severally The Relationship between the President of the Supreme Court and the Minister of Justice of Israel
Shimon Shetreet
24 Court Packing and Judicial Independence An American Perspective
Jonathan L. Entin
25 The Dysfunctions of the Courts and Judicial Role
Maimon Schwarzschild
26 The Role of the Judge in Jewish Law
Shimon Shetreet
Part 6
Honouring 40 Years of Pursuit of Judicial Independence of
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27 The Work on Promoting Judicial Independence of the International Association on Judicial Independence and Its President Prof. Shimon Shetreet
Daphna Lewinsohn Zamir
28 Contribution of Shimon Shetreet to Public and Constitutional Law
Yoav Dotan
29 Our Pursuit of Judicial Independence Tribute to Shimon Shetreet on the 40th/75th Dual Anniversary
Hiram Chodosh
30 Defending the Independence of Judges and Lawyers in Challenging Times
Diego Garcia–Sayan
31 Promoting Judicial Independence at the National and International Level
Eliezer Rivlin
32 The Role of the Bar in Defending the Rule of Law in Israel
Avi Himi and Israeli Bar
33 A Note on Judicial Review of Government Decisions An Ancient Jewish Perspective
Asher Axelrod
34 Personal Reflections on Judicial Independence Historical Lessons and Contemporary Challenges
Shimon Shetreet
Part 7
Appendices
Appendix
1
Mount Scopus International Standards of Judicial Independence
Appendix 2 Bologna Milano Global Code of Judicial Ethics 2015
Appendix 3 The New Delhi Code of Minimum Standards of Judicial Independence (Adopted by the
iba
New Delhi Convention 1982)
Appendix 4 Montreal Universal Declaration on the Independence of Justice
Appendix 5 UN Basic Principles on the Independence of Judges and Lawyers
Appendix 6 United Kingdom Supreme Court Guide to Judicial Conduct (2019)
Appendix 7 Code of Conduct for the Justices of the Federal Constitutional Court of Germany
Index
Acknowledgements
Notes on Contributors
Table of Cases
Table of Legislation
1 General Introduction
Shimon Shetreet
Part 1
Democracy, Rule of Law and Judicial Independence in Challenging Times
2 The Judiciary in Malta in Historical and Comparative Prespective
Vincent A. De Gaetano
3 Analysis of the Major Contemporary Threats and Challenges to the Independence of Justice
Diego Garcia–Sayan
4 Judicial Independence in the Face of Political Impunity
Tassaduq Hussain Jillani
5 Judicial Independence and Political Impunity A Brief Rejoinder from India
Arghya Sengupta
6 The Contribution of the Jurisprudence of the Supreme Court to the Protection of Social Rights
Justice Yosef Elron
7 Theory of Separation of Powers and Its Development in England
Shimon Shetreet
Part 2
Measuring and Evaluation of the Justice System
8 Measuring Justice and Judicial Independence The Impracticable Imperative
Hiram E. Chodosh and Eric Helland
9 Artificial Intelligence and the Judiciary
Lord John Thomas
10 Evaluation and Measurement of Courts
Yigal Mersel
11 Scientific Evidence in Courts of Law An Overview
Jay Levinson, Eti Buchnik, Barak Ariel and Abraham J. Domb
Part 3
Contemporary Challenges of Judicial Independence
12 Contemporary Challenges to Israeli Judiciary Proposed Judicial Reform
Shimon Shetreet
13 Public Opinion and Public Trust in the Israeli Judiciary
Nir Atmor and Menachem Hofnung
14 The Struggle for the Independence of the Judiciary in the Palestinian Authority
Haim Sandberg
15 The Legitimacy of Judge’s Consultation with Colleagues and External Experts
David Cheshin
16 Challenging the Traditional System of Appointment of Judges to the Federal Supreme Court in Switzerland
Gian Andrea Danuser
Part 4
17 The Significance of Developing International and European Standards of Judicial Independence The
Shimon Shetreet
18 European Standards of Judicial Independence – Lessons from the Court of Justice of the European Union
Sophie Turenne
19 Judicial Self-governing Bodies Instruments of Independence or Path to Ossification?
Giuseppe Franco Ferrari
20 Challenges to Judicial Structural Independence in Slovenia
Marko Novak
21 The Challenge of Balancing Between Universality and Particularity in Shaping International Standards of Judicial Independence
Shimon Shetreet
Part 5
Contemporary Issues on the Role of the Judiciary Constitutional Position of the Judiciary
22 The Struggle for Judicial Independence The Supreme Court as a Constitutional Beacon in El Salvador
Mónica Castillejos-Aragón
23 Jointly and Severally The Relationship between the President of the Supreme Court and the Minister of Justice of Israel
Shimon Shetreet
24 Court Packing and Judicial Independence An American Perspective
Jonathan L. Entin
25 The Dysfunctions of the Courts and Judicial Role
Maimon Schwarzschild
26 The Role of the Judge in Jewish Law
Shimon Shetreet
Part 6
Honouring 40 Years of Pursuit of Judicial Independence of
27 The Work on Promoting Judicial Independence of the International Association on Judicial Independence and Its President Prof. Shimon Shetreet
Daphna Lewinsohn Zamir
28 Contribution of Shimon Shetreet to Public and Constitutional Law
Yoav Dotan
29 Our Pursuit of Judicial Independence Tribute to Shimon Shetreet on the 40th/75th Dual Anniversary
Hiram Chodosh
30 Defending the Independence of Judges and Lawyers in Challenging Times
Diego Garcia–Sayan
31 Promoting Judicial Independence at the National and International Level
Eliezer Rivlin
32 The Role of the Bar in Defending the Rule of Law in Israel
Avi Himi and Israeli Bar
33 A Note on Judicial Review of Government Decisions An Ancient Jewish Perspective
Asher Axelrod
34 Personal Reflections on Judicial Independence Historical Lessons and Contemporary Challenges
Shimon Shetreet
Part 7
Appendices
Appendix
Appendix 2 Bologna Milano Global Code of Judicial Ethics 2015
Appendix 3 The New Delhi Code of Minimum Standards of Judicial Independence (Adopted by the
Appendix 4 Montreal Universal Declaration on the Independence of Justice
Appendix 5 UN Basic Principles on the Independence of Judges and Lawyers
Appendix 6 United Kingdom Supreme Court Guide to Judicial Conduct (2019)
Appendix 7 Code of Conduct for the Justices of the Federal Constitutional Court of Germany
Index
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