The SDT has always had complete
judicial independence from the society.
They could be (a) attacks on specific institutions (e.g.,
judicial independence from the police discretion, free press, etc), or they could be (b) attacks on a vague idea like Patrick Deneen's «individualist anthropology»).
The importance of
judicial independence from politics is most evident in difficult cases, the kind that are politically charged.
Not exact matches
«Given your policy - making relationship with the governor, how would you go about separating the interest of the judiciary
from the interest of the executive to maintain
judicial independence?»
Judicial nominations are important to Conservative and
Independence parties because they allow minor parties to rake in a lot of money
from fundraisers in the legal community.
It's also meant to ensure it doesn't «give the appearance of compromising
judicial impartiality and
independence (including
independence from the political process)» while keeping a judge
from taking a position on issues that might ultimately wind up before the courts, he argues in the memo.
In the one
judicial race on Staten Island the sole candidate — Acting Judge Joseph J. Maltese — has support
from the Democratic, Republican, Conservative and
Independence parties.
One day after the Canadian
Judicial Council issued its recommendation to not remove Justice Michel Girouard from the bench — despite a suspicious video of an alleged drug deal — a legal academic is pointing to a glaring lack of independence for judicial misconduct and a possible double s
Judicial Council issued its recommendation to not remove Justice Michel Girouard
from the bench — despite a suspicious video of an alleged drug deal — a legal academic is pointing to a glaring lack of
independence for
judicial misconduct and a possible double s
judicial misconduct and a possible double standard.
Posts about the debate over whether law societies should accept degrees
from faith - based university Trinity Western with its controversial community covenant as well as matters involving
judicial appointments and
independence also feature on this list.
Four retired senior judges have warned Peers that
judicial independence is at risk
from plans to give judges discretion over how much weight to attach to European Court of Justice decisions after Brexit.
Apart
from the issue of garnering sufficient resources, administrative courts face a more compelling hurdle — fighting the battle for
judicial independence.
However, according to Murphy, the implications for
judicial independence resulting
from the imposition of shared IT services on our federal courts do not appear to have been considered.
Sir Igor Judge steps into the lord chief justice role
from 1 October — and has already sent out a clear warning that he will strive to protect
judicial independence.
In short,
judicial independence ensures that judges are free
from external pressure and influence.
But can there be any doubt that it also represents a retreat
from the promise of
judicial independence?
The decision stems
from the governing party's view that the Tribunal currently lacks
judicial independence.
Legal Times correspondent Tony Mauro, who blogged live
from the speech, noted that the connection between
judicial independence and constitutional safeguards has been made before, «but not in such a direct way.»
Those changes in 2007 led to a public complaint
from the Canadian
Judicial Council about the lack of consultation and concerns over the perceived
independence of these committees.
From that followed this secondary message: Term limits for judges threaten
judicial independence and therefore threaten the First Amendment.
Stemming
from the concept of
judicial independence, chairs of Committees enjoy
judicial immunity with respect to their decisions (but not their decision processes) to allow them to conduct their roles «freely and impartially, without fear of suit» (para. 61).
Pingback: I · CONnect — Where do Justice Ginsburg and Justice Hale — and
Judicial Independence — Go
from Here?
Thanks to the IPKat blog I've become aware of an official response by the UK Government to a member of parliament (liberal democrat Dr. Julian Huppert,
from Cambridge) who asked a question about what measures would be taken to ensure
judicial independence at the EPO.
The Administrative Council plays a key role in the «reign of terror» that tries to discourage EPO staff, including judges,
from fighting for basic human rights and one of the most fundamental values of the civilized world:
judicial independence.
[15] And, given the funding structure, the magistrates could also expect a presentation
from the «funder» — the Attorney General of the day — who would have no hesitation in «putting them in their places,» and demonstrating that
judicial independence was a flimsy construct.
Ironically, however, in the ECJ context, it is the absence of dissent that is thought to preserve
judicial independence, as a single collegiate opinion is said to shield judges
from national political pressures.
As lawyer Abdullah Khalil writes in Judges and Political Reform in Egypt, since its creation in 1875, the niyaba «has been trapped between the executive and the
judicial authority and has lacked real
independence from the Ministry of Justice.»
Upholding
judicial independence and
judicial ethics might actually prevent us
from having a real conversation about these differences of vision.
several constitutional principles other than the rule of law that have been recognized by this Court — most notably democracy and constitutionalism — very strongly favour upholding the validity of legislation that conforms to the express terms of the Constitution (and to the requirements, such as
judicial independence, that flow by necessary implication
from those terms).
Introduction Canon 1: A Judge Should Uphold the Integrity and
Independence of the Judiciary Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities Canon 3: A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently Canon 4: A Judge May Engage in Extrajudicial Activities That are Consistent With the Obligations of
Judicial Office Canon 5: A Judge Should Refrain
From Political Activity Compliance with the Code of Conduct Applicable Date of Compliance
Three states have subsequently adopted public financing of
judicial elections to protect the
independence of the judiciary
from the influence of groups like the Chamber of Commerce and Insurance companies.
The new Courts Law essay comes
from Marin Levy (Duke), reviewing Tara Leigh Grove, The Origins (and Fragility) of
Judicial Independence (forthcoming Vand.
Although some commenters have mocked the idea that being forced to acquire the latest version of Microsoft Office
from Shared Services Canada would somehow impede
judicial independence, those are not the only types of IT procurement contracts that the decree refers to.
The Parole Board does not have the
independence from the executive that is required for its
judicial role in determining whether or not convicted prisoners should be released on licence.
«Whenever we talk about
judicial independence, it's about shielding or protecting judges and the judiciary
from politics or political criticism, and we don't sufficiently recognize that
judicial independence is truly a two - way street,» he says.
The guidelines evidence a failure of the CRTC to create the appropriate structural separations to protect the enforcement function
from compromising the
independence of the
judicial function.
The takeaway
from Roberts» earlier remarks seems to be his stark linkage between
judicial independence (yes, an old theme) and the First Amendment: namely, that a weakened judiciary (or even a judiciary with less than life tenure) will be less able to safeguard the First Amendment.