These posts (and the resulting commentary) provided rich fodder for the topic
of judicial independence in constitutional law.
Not exact matches
Basic principles
of judicial independence, outrageously violated
in some countries, freedom
of the legal profession, sometimes precarious and prone to pressure and punitive tactics, deserve emphasis.
Criticism
of the scope
of judicial power is often perceived by its partisans as,
in effect, attacking the
independence of the judiciary or even the ideal
of judicial independence.
Former Manhattan US Attorney Preet Bharara took a shot at Trump's Justice Department, questioning its
judicial independence in light
of efforts by former NYC Mayor Rudy Giuliani to persuade «senior officials» to help him free a jailed businessman being prosecuted by Bharara's old office.
The United States notes with concern that the Parliament
of Romania is considering legislation that could undermine the fight against corruption and weaken
judicial independence in Romania.
The Polish parliament has approved government proposals to hand the ruling Law and Justice party (PiS) effective control
of judicial appointments and the supreme court,
in a move seen by critics as an erosion
of judicial independence.
In the last years, EU have faced several cases of countries with judicial independence issues and I am wondering if there is a connection between party in power ideology and judicial independence / rule of law issue
In the last years, EU have faced several cases
of countries with
judicial independence issues and I am wondering if there is a connection between party
in power ideology and judicial independence / rule of law issue
in power ideology and
judicial independence / rule
of law issues.
European Commission President Jean - Claude Juncker and First Vice-President Frans Timmermans issued a joint statement expressing their concerns about the latest developments
in Romania regarding the
independence of the country's
judicial system and its capacity to fight corruption.
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.
They were also exposed to improving access to justice: the role
of the media as a partner, press freedom and responsible journalism: Is the media a threat to
judicial independence and the role
of the public complaint unit
in effective justice delivery.
Former Manhattan US Attorney Preet Bharara took a shot at President Trump's Justice Department on Thursday, questioning its
judicial independence in light
of efforts by former Mayor Rudy Giuliani to...
«The
independence of Romania's
judicial system and its capacity to fight corruption effectively are essential cornerstones
of a strong Romania
in the European Union,» the European Commission said
in a statement.
At the first time
of asking, she pathetically abandoned her oath to uphold
judicial independence, and acquiesced through her silence
in the vicious vendetta plotted against the judges by the tabloid media, Ukip and the lunatic fringes
of Truss» own party.
Onnoghen, who had served
in acting capacity for four months, had his appointment confirmed by the Bukola Saraki - led Senate after series
of questions which bordered on
independence of the judiciary,
judicial reforms, corruption
in the Judiciary as well as disobedience
of Court orders.
The Foreign Office is unlikely to accept the proposal for a trial
in Russia on the grounds that the British government does not respect the
independence of the Russian
judicial system, however.
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 some countries, notably in the United Kingdom which originated the Westminster system, the dominant principle is that of parliamentary sovereignty, while maintaining judicial independenc
In some countries, notably
in the United Kingdom which originated the Westminster system, the dominant principle is that of parliamentary sovereignty, while maintaining judicial independenc
in the United Kingdom which originated the Westminster system, the dominant principle is that
of parliamentary sovereignty, while maintaining
judicial independence.
Hong Kong is also proud
of its
judicial independence (it is the leading Asian jurisdiction in this regard, according to the World Economic Forum's Global Competitiveness Report 2017 - 2018), although Mr Justice Fok, Permanent Judge of the Hong Kong Court of Final Court of Appeal, felt driven to provide a strong assertion and defence of the judiciary's independence during the UNCITRAL Asia - Pacific Judicial Summit, following allegations by some commentators that the judiciary had compromised its independence in respect of certain well - publicised cases (not connected with arbit
judicial independence (it is the leading Asian jurisdiction
in this regard, according to the World Economic Forum's Global Competitiveness Report 2017 - 2018), although Mr Justice Fok, Permanent Judge
of the Hong Kong Court
of Final Court
of Appeal, felt driven to provide a strong assertion and defence
of the judiciary's
independence during the UNCITRAL Asia - Pacific
Judicial Summit, following allegations by some commentators that the judiciary had compromised its independence in respect of certain well - publicised cases (not connected with arbit
Judicial Summit, following allegations by some commentators that the judiciary had compromised its
independence in respect
of certain well - publicised cases (not connected with arbitration).
We should be looking at how to sell a story about access to justice,
judicial independence, or the Rule
of Law
in a way that does not just reaffirm lawyers» self image, but actually alters awareness and behaviour on a grander scale.
Even
in the best
of times,
judicial independence requires constant vigilance, particularly by lawyers.
In emerging democracies and transitioning states throughout the world, the
Judicial Reform Index is an innovative tool developed by the ABA Rule of Law Initiative to assess states» judicial reform and judicial indep
Judicial Reform Index is an innovative tool developed by the ABA Rule
of Law Initiative to assess states»
judicial reform and judicial indep
judicial reform and
judicial indep
judicial independence.
Such revision and control we deemed radically inconsistent with the
independence of that
judicial power which is vested
in the courts, and consequently with that important principle which is so strictly observed by the Constitution
of the United States.»
Because
of how the principle
of judicial independence is interpreted by courts, the original trial judge
in this case could not be asked why it had taken 9 months to reach a verdict, and could not be questioned whether the delay was due to the complexity
of the case, the judge's workload, or other personal reasons, such as illness.
(1) The TLABC submitted that the hearing fees wrongly impede access to justice, wrongly sell justice, and wrongly impede access to a superior court
in violation
of s. 96
of the Constitution Act, 1867 thereby interfering with
judicial independence.
In this respect, the AGBC's position that as long as the government does not interfere with the cases the court is permitted to hear
judicial independence is respected, is an inappropriately constricted view
of the court's constitutional place.
* Study and explore the possibility
of the development
of a
judicial protocol with the aim to: * Allow for communication among judges
in overlapping class actions proceedings * Coordinate and harmonize activities
in proposed overlapping class proceedings
in order to maximize efficiency, reduce costs and avoid the duplication
of effort; * Honour the
independence and integrity
of the superior courts while promoting inter-provincial cooperation and respect for comity; * Implement a framework
of general principles to address basic administrative issues arising out
of national and multijurisdictional class actions; and * Provide for nationally - accepted carriage motions.
«I am confident that, with the wealth
of experience she has gained over a distinguished thirty ‑ year career, she will be a valuable addition to the Supreme Court, an institution well respected
in Canada and around the world for its strength,
independence, and
judicial excellence,» Trudeau said
in a media release Wednesday morning.
In his judicial review application, Girouard argues the process followed so far by the CJC has «generally been in a manner that infringes upon the independence of federally appointed judges.&raqu
In his
judicial review application, Girouard argues the process followed so far by the CJC has «generally been
in a manner that infringes upon the independence of federally appointed judges.&raqu
in a manner that infringes upon the
independence of federally appointed judges.»
Most importantly, it would enhance
judicial and decisional
independence in a way that would strengthen the public's perception
of having been afforded a fair and impartial hearing
in administrative proceedings.
However, David Thomas, doyen
of sentencing experts, having expressed his opposition to the whole idea
of a Sentencing Commission, said that if one was established, he had «grave doubts about the wisdom
of involving serving senior judges
in the activities
of such a body... as there is a tendency to confuse the roles
of the judges
in their different capacities and a consequent tendency to compromise
judicial independence.»
Writing
in this week's NLJ, columnist Jon Robins notes that he spoke up for the principle
of judicial independence during the Article 50 Supreme Court case last November, when the Daily Mail attacked the judges as «Enemies
of the people».
Citing President Eisenhower's 1957 use
of the 101st Airborne to enforce school desegregation
in Little Rock,
in furtherance
of a federal judge's order, Breyer suggested that courts use such great moments
in law to help teach the importance
of judicial independence.
In doing so, he compromised the appearance
of judicial independence essential to a fair trial,» wrote the Court
of Appeal.
In an unprecedented move that reflects a climate
of judicial concern over the BC Justice Reform initiative, the three Chief Justices
of BC's courts issued a five page statement on
judicial independence today.
Judicial control over the matters [
of] assignment
of judges, sittings
of the court, and court lists — as well as the related matters
of allocation
of court rooms and direction
of the administrative staff engaged
in carrying out these functions, has generally been considered the essential or minimum requirement for institutional or «collective»
independence.»
The Chair
of the Oklahoma Senate Judiciary Committee has introduced a pair
of bills last week that would effectively put control over the Code
of Judicial Conduct into the hands of the legislature, remove references to judicial independence found in the current Code, and require any future changes made by the Supreme Court get the approval of the legislatur
Judicial Conduct into the hands
of the legislature, remove references to
judicial independence found in the current Code, and require any future changes made by the Supreme Court get the approval of the legislatur
judicial independence found
in the current Code, and require any future changes made by the Supreme Court get the approval
of the legislature first.
«The federal courts have legitimate concerns that the imposition
of shared IT services may challenge their
judicial independence,» says Murphy, who is not involved
in the matter and makes his comments generally.
Thus did Obama pay respect to Justice Stevens» view that this gesture honors values
of separation
of powers and
judicial independence embedded
in our Constitution.
Many
of the changes that occurred
in the first years
of the 1990s were symbolic ones, with the effect
of unifying the judges and justices
of the peace, while clearly demonstrating the
judicial independence of the new Court.
[48] An interesting historical note — this letter was originally drafted by those
in the Office
of the Chief Justice
of the Provincial Division and serves as a strong indication
of the Court's commitment to
judicial independence and its growing reputation.
Judicial independence is often justified, both
in the decisions
of the courts and
in the broader public discourse, by the need to maintain public confidence
in the administration
of justice.
Plaintiff contends the judge abandoned any and all
independence in judicial discretion or liberty he may have wished to exercise when, he accepted the introduction
of the legal briefs submitted by counsel.
In a country where judicial independence and impartiality is considered axiomatic, faith in the administration of justice and confidence in the courts should be supported by evidenc
In a country where
judicial independence and impartiality is considered axiomatic, faith
in the administration of justice and confidence in the courts should be supported by evidenc
in the administration
of justice and confidence
in the courts should be supported by evidenc
in the courts should be supported by evidence.
The difficulty with the MoJ's proposal is the Janus - like character
of its basic premise, that a DPA will enable a company to have certainty about the sanction it would face while
judicial independence or primacy
in the realm
of sentencing will be preserved.
In applying the criteria laid out by the Court, the AG pays little attention to the fact that the tribunals are set up by an international agreement rather than through domestic law, to the ad - hoc nature
of ISDS, and to the long - held criticism that ISDS arbitrators lack the basic
judicial safeguards for
judicial independence.
Public confidence
in the courts can not be the foundation
of judicial independence.
What this yields is the proposition that the obligation on Member States
in Article 19 TEU includes a guarantee
of judicial independence.
The committee concluded «that Justice Camp's conduct
in the Wagar Trial was so manifestly and profoundly destructive
of the concept
of the impartiality, integrity and
independence of the
judicial role that public confidence is sufficiently undermined to render the Judge incapable
of executing the
judicial office.
Data is relatively limited and fairly dated as to the diversity composition
of various state benches; most authorities cite a report by the American Bar Association Standing Committee on
Judicial Independence (first published
in 2004 and updated last
in 2010) or a 2009 compilation
of data by the American Judicature Society.
A judge may participate
in electronic social networking, but as with all social relationships and contacts, a judge must comply with relevant provisions
of the Code
of Judicial Conduct and avoid any conduct that would undermine the judge's
independence, integrity, or impartiality, or create an appearance
of impropriety.