scholarly journals The globalisation of the Judicial Power – context and challenges

2018 ◽  
Vol 4 (1) ◽  
pp. 45-50
Author(s):  
José Igreja Matos
Keyword(s):  
Structural Analysis ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Judicial Power ◽  
Independent Judiciary

Judicial Independence today is facing, particularly in Europe, new threats emerging from populist political regimens. After a structural analysis of the main constraints to the upholding of an independent judiciary, some indications are listed, in a very brief note, to better affirm, at the level of the judiciary, the values of Democracy and Rule of Law, assuming an “ethics of practical responsibility”.

Ethics in the Judiciary System of Bangladesh

1970 ◽  
Vol 1 (2) ◽  
pp. 34-36
Author(s):  
Mehedi Imam
Keyword(s):  
Rule Of Law ◽  
Judicial Independence ◽  
Moral Values ◽  
The Other ◽  
Considerable Time ◽  
Ethical Knowledge ◽  
Judicial Practice ◽  
Independent Judiciary ◽  
Role Players ◽  
High Level

In Bangladesh, demand for judicial independence in practice has been a much debated issue and the demand is fulfilled but expectation of people is not only limited to have an independent judiciary but to have an impartial system and cadre of people, which will administer justice rationally being free from fear or force. The independence of judiciary and the impartial judicial practice are related concepts, one cannot sustain without the other and here existence as well as the need of practicing impartiality is well recognized. But the art of practicing impartiality does not develop overnight as it’s related to development of one’s attitude. It takes a considerable time resulting from understanding, appreciating and acknowledging the moral values, ethics and professional responsibility. The judiciary includes Judges, Advocates mostly who are expected to demonstrate a high level of moral values and impartiality towards people seeking justice and ‘rule of law’. This is true that bench officers and clerks are also part of the process to ensure rule of law with same level of participation by the law enforcing agencies such as police. However the paper includes only those who either join judiciary as Judge/Magistrate or Advocate to explore level and extent of ethical knowledge they receive being key role players of the system. DOI: http://dx.doi.org/10.3329/bioethics.v1i2.9628 Bangladesh Journal of Bioethics 2010; 1(2): 34-36

13. The judiciary

2021 ◽  
pp. 303-326
Author(s):  
Anne Dennett
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Judicial Power ◽  
Executive Power ◽  
The Rule Of Law ◽  
External Influences ◽  
Political Interference ◽  
The Uk

This chapter examines the role of the judiciary in the UK constitution, the critically important concepts of judicial independence and neutrality, accountability of judges, and judicial power. The UK courts administer justice; uphold the rule of law; and act as a check on executive power. Judicial independence requires that judges should be free from external influences in their decision-making, and make decisions without political interference or fear of reprisal. Meanwhile, judicial neutrality means that judges should determine legal disputes impartially, objectively, and solely by applying the law. At first sight, judicial accountability seems inconsistent with being independent, but it is essential that the judiciary adheres to the highest standards in carrying out its functions. In the absence of a codified constitution, the boundaries of judicial power operate within a framework of constitutional principles and conventions, but there is debate over the limits of that power.

13. The judiciary

2019 ◽  
pp. 288-310
Author(s):  
Anne Dennett
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Judicial Power ◽  
Executive Power ◽  
The Rule Of Law ◽  
External Influences ◽  
Political Interference ◽  
The Uk

This chapter examines the role of the judiciary in the UK constitution, the critically important concepts of judicial independence and neutrality, accountability of judges, and judicial power. The UK courts administer justice; uphold the rule of law; and act as a check on executive power. Judicial independence requires that judges should be free from external influences in their decision-making, and make decisions without political interference or fear of reprisal. Meanwhile, judicial neutrality means that judges should determine legal disputes impartially, objectively, and solely by applying the law. At first sight, judicial accountability seems inconsistent with being independent, but it is essential that the judiciary adheres to the highest standards in carrying out its functions. In the absence of a codified constitution, the boundaries of judicial power operate within a framework of constitutional principles and conventions, but there is debate over the limits of that power.

scholarly journals Judicial Independence and Impartiality of Judiciary: A Comparative Study

2018 ◽  
Vol 5 (2) ◽  
pp. 4383-4386
Author(s):  
Fozia Shaheen ◽  
Mamoona Khalid
Keyword(s):  
Comparative Study ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Fair Trial ◽  
The Body ◽  
Public Confidence ◽  
Independent Judiciary ◽  
Separate Branch ◽  
International Instruments ◽  
Constitutional Analysis

Vesting judicial power in a separate branch under the doctrine of separation of power requires impartiality of the body exercising judicial powers, in order to develop public confidence on the judiciary. An independent judiciary has always been acted as a guardian of constitution and individual rights. Independence and impartiality of the judiciary is not only necessary for fair trial but also pre-requisites for the application of Rule of Law. If judiciary is biased then there will be chaos and tyranny. Right of fair trial before independent and impartial tribunal is an internationally recognized right under International Instruments. This Article is intended to explore the importance of doctrine of judicial impartiality for preserving Judicial Independence in Constitutional analysis perspective of Pakistan, UK and USA.

Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 30 Restrictions on the Principle of the Irremovability of Judges

2018 ◽  
Author(s):  
Gosnell Christopher
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Judicial Independence ◽  
Theoretical Framework ◽  
Judicial Power ◽  
Historical Background ◽  
The Rule Of Law ◽  
The Right

Principle 30 deals with restrictions on the principle of the irremovability of judges. Judicial independence, both institutional and individual, is essential in any justice system and must be respected in a trans-regime setting. At the same time, it is necessary for the judiciary to adjudicate the crimes of a past regime with adequate vigour. This can present a major dilemma between necessary continuity and necessary reform, one that Principle 30 is designed to address. According to Principle 30, judges may not be removed if they were appointed ‘in conformity with the requirements of the rule of law’, but may be removed if they were ‘unlawfully appointed’ or ‘derive their judicial power from an act of allegiance’. This chapter first provides a contextual and historical background on Principle 30 before discussing its theoretical framework and how judges are treated in a trans-regime setting.

KRIMINALISASI HAKIM DAN EKSISTENSI PRINSIP JUDICIAL INDEPENDENCE DALAM BINGKAI NEGARA HUKUM

2018 ◽  
Vol 2 (3) ◽  
pp. 325
Author(s):  
Muh Risnain
Keyword(s):  
Rule Of Law ◽  
Criminal Policy ◽  
Judicial Independence ◽  
Legal Policy ◽  
The Law ◽  
Quo Vadis

Legal policy throught criminalization of judge by the law are abuse of judicial indpence and threat of rule of law principle while regulate by the constitution. And it is shown that quo vadis of criminalization policy when drafting the law. To solve this problem, there are two step, firstly, House of representative and President as state organs who have authority to arrange the law must pay attention principle of judicial indepence and rule of law, second, reorientation of criminal policy. Keywords: Criminalization, Judicial Independence and Rule of Law.

The COVID-19 Pandemic, the Courts and Online Hearings: Maintaining Open Justice, Procedural Fairness and Impartiality

2021 ◽  
pp. 0067205X2199313
Author(s):  
Michael Legg
Keyword(s):  
Rule Of Law ◽  
Procedural Fairness ◽  
Judicial Power ◽  
Communications Technology ◽  
Design Decisions ◽  
Adoption Of Technology ◽  
The Rule Of Law ◽  
The Core

The COVID-19 pandemic and the ensuing mandated health protections saw courts turn to communications technology as a means to be able to continue to function. However, courts are unique institutions that exercise judicial power in accordance with the rule of law. Even in a pandemic, courts need to function in a manner consistent with their institutional role and their essential characteristics. This article uses the unique circumstances brought about by the pandemic to consider how courts can embrace technology but maintain the core or essential requirements of a court. This article identifies three essential features of courts—open justice, procedural fairness and impartiality—and examines how this recent adoption of technology has maintained or challenged those essential features. This examination allows for an assessment of how the courts operated during the pandemic and also provides guidance for making design decisions about a technology-enabled future court.

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