Judicial Independence: The Contemporary Debate

Cover
Shimon Shetreet, Jules Deschênes
Martinus Nijhoff Publishers, 01.01.1985 - 700 Seiten
This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society. This general trend is apparent in Israel, where the highly significant social role played by the judiciary has been on the increase for some years. The constitutional role of the judiciary in society is more pronounced in countries where the courts are empowered to review the constitutionality of legislative acts. In Israel the power of judicial review, in decisions of the Supreme Court, has been applied in a number of cases in which legislation of the Israeli Parliament, the Knesset, has been set aside. The increasingly prominent role of the judiciary in Israel is further manifested by the frequent recourse to judicial commissions of inquiry, chaired by judges who are often called upon to examine some of the major public controversies.
 

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Inhalt

Country Studies
7
Peter Schlosser and Walther Habscheid
78
Judicial Independence and the Involve
96
J M Ganado Malta
226
United States of America
358
E Vescovi Uruguay
374
Transnational Jurisprudence
381
The International Bar Association Code of Minimum Standards
388
The Tokyo Principles on the Independence of the Judiciary
441
de la JusticeFrench Text
462
and Impartiality of the Judiciary Juries and Assessors
489
Lord Lane Judicial Independence and the Increasing
525
Changing Society
546
New Conceptual
590
Appendix
682
Table of Cases
688

Syracuse Draft Principles on the Independence
414
President Manfred Simon Commentary on the Syracuse
422

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