Judicial Independence, Judicial Accountability and Interbranch Relations
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چکیده
منابع مشابه
Interbranch Accountability in State Government and the Constitutional Requirement of Judicial Independence
When contemporary commentators decry what they describe as growing threats to “judicial independence,” they typically invoke “judicial independence” as a normative ideal—an institutional virtue. That virtue is the capacity of courts to protect individual rights, to police structural limits on governmental power, and to decide individual disputes based solely on the applicable law and the factua...
متن کاملJudicial Independence in Europe
• Understanding to what extent judicial independence is adhered to in various jurisdictions requires a theoretical framework of what the principle entails. On a preliminary analysis, the principle can be said to require the following: judicial systems must be free, in fact and appearance, from any undue influence that might prevent judges from adjudicating legal disputes solely on the basis of ...
متن کاملJudiciary: Explaining Judicial Independence
Judicial independence is an idea that has both internal (or normative) and external (or institutional) aspects. From a normative viewpoint, judges should be autonomous moral agents, who can be relied on to carry out their public duties independent of venal or ideological considerations. Independence, or impartiality, in this sense is a desirable aspect of a judge’s character. But judges are hum...
متن کاملJudicial Elections and Judicial Independence: The Voter's Perspective
The relationship between judicial elections and judicial independence is receiving considerable scrutiny today. This article examines the impact of elections on judicial independence from the perspective of voters, since it is voters’ choices that ultimately determine the electoral fates of incumbent judges. The research on voting in judicial elections helps in understanding the circumstances t...
متن کاملJudicial Independence and Retention Elections *
Judges face retention elections in over a third of U.S. state courts of last resort and numerous lower courts. According to conventional wisdom, these elections engender judicial independence and decrease democratic accountability. We argue that in the context of modern judicial campaigns, retention elections create pressure for judges to cater to public opinion on “hot-button” issues that are ...
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ژورنال
عنوان ژورنال: SSRN Electronic Journal
سال: 2006
ISSN: 1556-5068
DOI: 10.2139/ssrn.922091