Independence and Accountability of the Higher Indian Judiciary

Independence and Accountability of the Higher Indian Judiciary
Author: Arghya Sengupta
Publisher: Cambridge University Press
Total Pages: 338
Release: 2019-05-23
Genre: Law
ISBN: 1108626998

The Supreme Court of India is a powerful institution at the forefront of public attention in India. It is often engaged in a bitter duel with the government on issues as diverse as the administration of cricket in India to whether liquor shops are allowed on highways. Despite such public prominence, very little attention has been paid to who the judges of the Supreme Court are, how they are appointed, transferred and removed, and what they do after retirement. This book provides an account of these four facets of judicial functioning and analyses the processes in operation today. It argues that each of these four aspects gives rise to significant concerns pertaining to judicial independence, accountability, or both. Its main argument is that both judicial independence and accountability are necessary for 'an effective judiciary', and these two values are not in conflict with each other as is commonly assumed.

Without Fear or Favor

Without Fear or Favor
Author: G. Tarr
Publisher: Stanford University Press
Total Pages: 0
Release: 2012-09-19
Genre: Law
ISBN: 9780804760409

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, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning conceptions of judicial independence and accountability emerged, and when and how did conflict over them develop? In part, the analysis is theoretical: what is the proper understanding of judicial independence and accountability? Tarr concludes the book by identifying the challenges to state-level judicial independence and accountability that have emerged in recent decades, assessing the solutions offered by the competing sides, and offering proposals for how to strike the appropriate balance between independence and accountability.

Judges on Trial

Judges on Trial
Author: Shimon Shetreet
Publisher: North-Holland
Total Pages: 464
Release: 1976
Genre: Law
ISBN:

The Politics of Judicial Independence in the UK's Changing Constitution

The Politics of Judicial Independence in the UK's Changing Constitution
Author: Graham Gee
Publisher: Cambridge University Press
Total Pages: 307
Release: 2015-03-12
Genre: Law
ISBN: 1316240533

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 politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.

The Self-restraining State

The Self-restraining State
Author: Andreas Schedler
Publisher: Lynne Rienner Publishers
Total Pages: 412
Release: 1999
Genre: Political Science
ISBN: 9781555877743

This text states that democratic governments must be accountable to the electorate; but they must also be subject to restraint and oversight by other public agencies. The state must control itself. This text explores how new democracies can achieve this goal.

Regulating Judges

Regulating Judges
Author: Richard Devlin
Publisher: Edward Elgar Publishing
Total Pages: 433
Release: 2016-12-30
Genre: Law
ISBN: 1786430797

Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Richard Devlin and Adam Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Judicial Independence at the Crossroads

Judicial Independence at the Crossroads
Author: Stephen B Burbank
Publisher: SAGE
Total Pages: 308
Release: 2002-04-02
Genre: Law
ISBN: 9780761926573

This volume is a collection of essays on the contentious issues of judicial independence and federal judicial selection, written by leading scholars from the disciplines of law, political science, history, economics, and sociology.

Challenged Justice: In Pursuit of Judicial Independence

Challenged Justice: In Pursuit of Judicial Independence
Author: Shimon Shetreet
Publisher: BRILL
Total Pages: 588
Release: 2021-08-24
Genre: Law
ISBN: 9004421556

The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.