Download or read book Independence and Accountability of the Higher Indian Judiciary written by Arghya Sengupta and published by Cambridge University Press. This book was released on 2019-05-23 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Without Fear or Favor written by G. Tarr and published by Stanford University Press. This book was released on 2012-09-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Perils of Judicial Self Government in Transitional Societies written by David Kosař and published by Cambridge University Press. This book was released on 2016-04 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Download or read book Independence Accountability and the Judiciary written by Guy Canivet and published by British Institute for International & Comparative Law. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book explores the important and topical subject of judicial independence and judicial accountability. Contributions from distinguished practitioners and academics place these twin issues within a comparative law perspective, showing how legal systems across the world have adapted to recent developments in this field.
Download or read book The Politics of Judicial Independence in the UK s Changing Constitution written by Graham Gee and published by Cambridge University Press. This book was released on 2015-03-12 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Without Fear or Favor written by G. Alan Tarr and published by Stanford University Press. This book was released on 2012-09-19 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Accountability Vs Independence written by Miroslava Scholten and published by . This book was released on 2013 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Independence and accountability...accountability and independence...these have become two 'usual suspects' when talking about independent regulatory agencies (IRAs), the classic question being whether IRAs can be accountable, if they enjoy independence. While in recent years it has been more often argued that these notions are mutually complementary, this article proves the negative correlation between accountability and independence. It shows that the more independence there is, the less accountability channels and accountability instruments are left, and the other way around. It does so by bringing conceptual clarity into the concept of independence showing that independence, and more specifically its three elements (institutional, personal and financial), is the means to protect functional discretion, i.e., a possibility to make substantive and/or procedural choices. While functional discretion and accountability can and should co-exist, independence and accountability can exist only at each other's costs.
Download or read book Judicial Independence at the Crossroads written by Stephen B Burbank and published by SAGE. This book was released on 2002-04-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Dilemma of Accountability in Modern Government written by Bruce L. R. Smith and published by London : Macmillan. This book was released on 1971 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judges on Trial written by Shimon Shetreet and published by North-Holland. This book was released on 1976 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Dilemma of Accountability in Modern Government written by Bruce L. R. Smith and published by . This book was released on 1972 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Independence and Accountability written by and published by . This book was released on 1998 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Self restraining State written by Andreas Schedler and published by Lynne Rienner Publishers. This book was released on 1999 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Limits of Judicial Independence written by Tom S. Clark and published by Cambridge University Press. This book was released on 2010-11-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.
Download or read book Independence and Accountability of Judiciary written by Sarkar Ali Akkas and published by . This book was released on 2004 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Independence and Accountability of the Higher Indian Judiciary written by Arghya Sengupta and published by Cambridge University Press. This book was released on 2019-05-23 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an account of appointments, transfers, impeachment, and post-retirement employment of Supreme Court judges in India. Each of these facets leads to the critical questioning of judicial independence and accountability, and the book argues that they are not in conflict with each other and are crucial for an effective judiciary.
Download or read book The Australian Judiciary written by Enid Campbell and published by Cambridge University Press. This book was released on 2012-11-27 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This definitive survey of the Australian judiciary describes and evaluates the work, techniques, problems and future of courts and judges.
