Judicial Discipline and Judicial Independence
نویسندگان
چکیده
منابع مشابه
Judicial Discipline, Judicial Independence, and the Constitution: a Textual and Structural Analysis
Both the American Revolution and the nation which grew out of it adopted as their guiding political philosophy the principles of representationalism and accountability: Decisions of governing political and social policy are to be made, for the most part, by those who are both representative of and accountable to the populace.1 To be sure, those who framed our Constitution never contemplated eit...
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: Law and Contemporary Problems
سال: 1998
ISSN: 0023-9186
DOI: 10.2307/1192416