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Ius Comparatum - Global Studies in Comparative Law

Fair Reflection of Society in Judicial Systems - A Comparative Study

Editors: Turenne, Sophie (Ed.)

  • First book to pull together the many facets of lay involvement in the judicial system
  • Brings together a group 11 essays from renowned experts in Comparative Law, Constitutional Law and Legal History on the democratic accountability of judges
  • Offers insights into the legal culture that shapes judicial independence in 10 countries, covering 4 continents 
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eBook 107,09 €
price for Spain (gross)
  • ISBN 978-3-319-18485-2
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 135,19 €
price for Spain (gross)
  • ISBN 978-3-319-18484-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 135,19 €
price for Spain (gross)
  • ISBN 978-3-319-36024-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
About this book

This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.

Table of contents (11 chapters)

  • Fair Reflection of Society in Judicial Systems

    Turenne, Sophie

    Pages 1-21

    Preview Buy Chapter 30,19 €
  • Judges and Democracy in Argentina: An Elite in Search of Legitimacy

    Elias, José Sebastián

    Pages 23-40

    Preview Buy Chapter 30,19 €
  • Concepts of Representation in Their Application to the Judiciary in Australia

    Kiefel, Susan (et al.)

    Pages 41-63

    Preview Buy Chapter 30,19 €
  • Re-forming a Meritorious Elite. Judicial Independence, Selection of Judges and the High Council of Justice in Belgium

    Adams, Maurice (et al.)

    Pages 65-91

    Preview Buy Chapter 30,19 €
  • La justice constitutionnelle au-delà du gouvernement des juges: la constitution de pratiques pour refléter la société

    Bernatchez, Stéphane

    Pages 93-120

    Preview Buy Chapter 30,19 €

Buy this book

eBook 107,09 €
price for Spain (gross)
  • ISBN 978-3-319-18485-2
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 135,19 €
price for Spain (gross)
  • ISBN 978-3-319-18484-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 135,19 €
price for Spain (gross)
  • ISBN 978-3-319-36024-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
Fair Reflection of Society in Judicial Systems - A Comparative Study
Editors
  • Sophie Turenne
Series Title
Ius Comparatum - Global Studies in Comparative Law
Series Volume
7
Copyright
2015
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-18485-2
DOI
10.1007/978-3-319-18485-2
Hardcover ISBN
978-3-319-18484-5
Softcover ISBN
978-3-319-36024-9
Series ISSN
2214-6881
Edition Number
1
Number of Pages
IX, 236
Number of Illustrations and Tables
2 b/w illustrations
Topics