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Showing 1 to 20 of 28 for “"Judicial Independence"”.
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Rethinking Judicial Independence in Democracy and Autocracy
… their (often arbitrary) power, and respect judicial decisions even if the courts rule against them. But if political leaders are rational, why do they persist in their respectful behavior towards independent courts even when such courts may prove adverse to themselves? In other words, how …
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Judicial independence versus judicial impartiality: A comparative approach
… on the relationship between the principles of judicial independence and judicial impartiality and how these concepts have been channelled and applied in the Egyptian judiciary. It approaches the subject, using a comparative methodology, by discussing how the essence, elements, institutional …
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Judicial Independence of State Administrative Courts in Mexico
… arenas. I extend extant arguments about judicial independence at the federal level to the subnational level. I argue that both individual and contextual variables have an effect on judicial independence. The individual traits of judges, specifically length of service in the state court, …
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The Growth and Limits of Judicial Independence in China
This thesis examines the nature and extent of judicial independence in China. In particular, it focuses on judicial adjudication (sifa shenpan) and explores the factors that affect judicial behaviour and how those factors influence and shape the judges’ decision-making process. In contrast to the …
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Praxis Of Judicial Independence In South Africa: An Imminent Constitutional Recourse
… the meaning and implications of the principle of judicial independence. Judicial independence, which includes both individual and institutional or structural independence, includes the independence of specific judges. It encompasses topics such as tenure security, a minimal level of financial …
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Essays on the economics of judicial independence and the effectiveness of criminal defense
Item reinstated by Sarah Shreeves (sshreeve@illinois.edu) on 2012-01-07T11:00:13Z Item was in collections: University of Illinois Dissertations and Theses (ID: 204) Dissertations and Theses - Economics (ID: 690) No. of bitstreams: 3 license.txt: 4063 bytes, checksum: …
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Military courts in a democratic South Africa: in search of their judicial independence
… courts against the basic requirements of judicial independence as interpreted by the Constitutional Court and relevant international bodies. In doing so, I draw on my experience of working in military courts as defence and prosecution counsel respectively in the South African National …
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Comparative analysis of judicial independence in Zambia and South Africa : security of tenure, appointment and removal procedures
The principle of judicial independence has been described in the case of Law Society of Lesotho v The Prime Minister and Another, as requiring judicial officers to be free to make their decisions without depending on the influence of another or any external pressure. The judiciary only owes its …
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The interpretation of the Hong Kong basic law by the National People’s Congress Standing Committee (NPCSC): Will it weaken the judicial independence of the courts of the Hong Kong special administrative region?
… enjoy executive, legislative and independent judicial power. Since 1997, Hong Kong’s legal system has comprised a mix of its ‘mini-constitution, the Basic Law, and the English common law system. The new constitutional order under the Basic Law has become the subject of heated debate. Since …
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Institutional Determinants of Human Rights Violations Across Political Regimes
… with empirical evidence on the contexts in which judicial and political institutions promote human rights. In the first chapter I argue that judicial independence is not enough for courts to protect human rights. I found the empirical evidence supports my hypothesis, both judicial independence and …
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The Law and Human Rights: Is the Law a Mere Parchment Barrier to Human Rights Abuse?
… rights, 2) nine provisions for elements of judicial independence and 3) four provisions that outline procedures for states of emergency. Additionally, the impact of the International Covenant on Civil and Political Rights on actual human rights behavior is analyzed. Each of these areas of …
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A purposive formalist interpretation of Chapter III of the Australian Constitution
… thesis is how should the separation of federal judicial power, derived from Chapter III of the Australian Constitution, be interpreted to best achieve the independence and impartiality of federal courts? The interpretation of Chapter III is as hotly debated as it is fundamentally important. Two …
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An Examination of National Factors That Influence Levels of Perceived Intellectual Property Protection
… IP protection during the same time period, judicial independence does not have a statistically significant impact on legal patent rights and the reliability of police services has a negative impact on the level of statutory IP protection in a country. This suggests that even though many …
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Are the current Zambian constitutional provisions sufficient in preventing abuse of power by the executive organ of government?
… is another factor that punches holes in judicial independence and injures the last line of defence. It is as such imperative that the colossal presidential powers are reduced to allow a flourishing democratic society. In the view that the current Constitution does not have adequate …
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Analysis of the impact the judicial service commission has on judicial legitimacy in South Africa through the appointment and accountability processes
… holding them accountable. This is done by the Judicial Service Commission (JSC). The appointment and accountability processes are both contentious topics in South Africa with much debate being had about the processes selected. The importance of how these processes are undertaken is high due to …
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Enforcement of the law in the People's Republic of China - with focus on international civil litigation and arbitration
… this purpose it is essential to elaborate on the judicial structures and its impact on the enforcement of laws in the PRC. The court system as well as its size and performance, the prosecution system, the lawyer system, the jurisdiction and the arbitration system will be briefly discussed. …
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The liability in delict of judges for wrongs committed in the course of judicial proceedings : an historical analysis of the relative immunity of the South African judiciary
The focus of this thesis is on an aspect of judicial accountability that has not hitherto attracted much attention in South African law: the civil liability of the judiciary for wrongs committed in the course of judicial proceedings. More particularly, the thesis examines to what extent a South …
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Between Principle and Practicality: A Dynamic Realist Examination of Independence in the Canadian Justice System
This work examines independence in the Canadian justice system using an approach adapted from new legal realist scholarship called ‘dynamic realism’. This approach proposes that issues in law must be considered in relation to their recursive and simultaneous development with historic, social and …
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Improving the tax dispute resolution process in Nigeria with special attention to the tax appeal tribunal: insights from South Africa with an emphasis on tax courts
… of the two jurisdictions, emphasis was placed on judicial independence, access to justice, procedural fairness, administrative or judicial discretion, and timeousness. A combination of empirical and doctrinal methods was used. The key findings were as follows: (a) some current shortcomings can be …
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