Judicial Independence in Context is a collection of essays by leading scholars, lawyers, and judges that examines both the theory and practice of judicial independence in Canada and around the world. Contributors assess the legacy of the Supreme Court of Canada’s controversial landmark decision in the Provincial Judges Reference while other essays address the need for institutional reform in Canada outside the salary remuneration setting in the areas of court administration and judicial appointments. The book also examines linkages between judicial independence and other issues such as diversity, social context education for judges, public criticism of judges, public policy, and technology. Other contributions examine issues of judicial independence in the United Kingdom, the United States, South Africa, Israel, and Pakistan.
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Judicial Independence in Context
| Editor | |
|---|---|
| ISBN | 9781552211953 |
| Publication Date | 12/12/2010 |
| Format | Paperback |
| Page extent | 641 |
| Publisher |
AUD $99.00 gst included
Part I: The Legacy of the Provincial Judges Reference
- Foreword: The Challenges of Judicial Independence
- Justice Richard J Goldstone
- Introduction: Judicial Independence in Context
- Adam Dodek and Lorne Sossin
Part II: In need of Broader Reforms? — Appointments and Court Administration
- “Be Careful What You Wish For”: Administrative Independence and Alternative Models of Court Administration — The New Frontier
- Graeme G Mitchell QC
- Should They All Just Get Along? — Judicial Ideology, Collegiality, and Appointments to the Supreme Court of Canada
- Benjamin Alarie and Andrew Green
- Promotion of Federally Appointed Judges and Appointment of Chief Justices: The Unfinished Agenda
- Jacob Ziegel
Part III: Conceptual and Practical Challenges to Judicial Independence
- Reflections: On Judicial Diversity and Judicial Independence
- Sonia Lawrence
- Contradictory or Complementary?_ Reconciling Judicial Independence with Judicial Social Context Education
- Rosemary Cairns Way
- The Significance of Public Pressure on Judicial Independence
- Patricia Hughes
- Judicial Independence as a Public Policy Instrument
- Adam M Dodek
- The Impact of Technology on Courts and Judicial Ethics: An Overview
- Karen Eltis
Part IV: International Perspectives
- Defending Judicial Independence in the British Constitution
- Graham Gee
- Judicial Independence and Impartiality in the United States?—Complexities and a Sometime Thing
- Jameson W Doig
- Judicial Non-Dependence: Operational Closure, Cognitive Openness, and the Underlying Rationale of the Provincial Judges Reference—The Israeli Perspective
- Amnon Reichman
- The Judiciary in South Africa: Independence or Illusion?
- Penelope Andrews
- Independence and Impartiality in International Adjudication
- Fabien Gélinas
Part V: Reflections, Narratives, and Cautionary Tales
- Further Reflections on A Place Apart: Judicial Independence and Accountability in Canada
- Martin L Friedland
- The Media and Judicial Independence
- John Honderich
- Crisis in Pakistan
- Justice Robert J Sharpe and Michelle Bradfield
- Going Too Far, Too Fast: Judicial Independence and Political Judgment
- Janice Gross Stein
- Conclusion: A General Theory of Judicial Independence Revisited
- Peter H Russell
- Afterword: Judicial Independence in Canada—The Evolution Continues
- Justice Brian W Lennox
Index
