Judicial Independence in the Age of Democracy: Critical Perspectives from Around the World

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Peter H. Russell, David M. O'Brien
University of Virginia Press, 2001 - Law - 325 pages
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This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.

 

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Contents

Toward a General Theory of Judicial Independence
1
The Pillars and Politics of Judicial Independence in the United States
25
Stifling Judicial Independence from Within The Japanese Judiciary
37
The Dynamics of Judicial Independence in Russia
62
Judicial Independence in PostCommunist Central and Eastern Europe
89
Judicial Independence in Latin Countries of Western Europe
111
Autonomy versus Accountability The German Judiciary
131
Judicial Independence in England A Loss of Innocence
155
Judicial Independence in Australia
173
Seeking Social Justice? Judicial Independence and Responsiveness in a Changing South Africa
194
Between Two Systems of Law The Judiciary in Hong Kong
207
The Critical Challenge of Judicial Independence in Israel
233
Judicial Independence and Instability in Central America
251
The European Court of Justice
273
Conclusion Judicial Independence in Comparative Perspective
301
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About the author (2001)

Peter H. Russell, Professor of Political Science Emeritus at the University of Toronto, is author of seven books on the judiciary, constitutional issues, and democracy.

David M. O'Brien, Leone Reaves and George W. Spicer Professor at the University of Virginia, is author of numerous publications, including Storm Center: The Supreme Court in American Politics.

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