Overview
- 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
Part of the book series: Ius Comparatum - Global Studies in Comparative Law (GSCL, volume 7)
Access this book
Tax calculation will be finalised at checkout
Other ways to access
Table of contents (11 chapters)
-
Front Matter
-
Back Matter
Keywords
- Civil and/or political society
- Comparative law
- Composition of courts and tribunals
- Constitutional and legal culture
- Constitutional law
- Federal Constitutional Court
- High Judicial Council
- Judicial independence and democratic accountability of judges
- Legal History
- Legal culture that shapes judicial independence
- National legal systems and Judicial Studies
- Parliament and the Federal Assembly
- Participation in Judicial Systems
- Representation in the Judiciary
- Secure independent judicial selection
- Supreme courts
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.
Editors and Affiliations
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
DOI: https://doi.org/10.1007/978-3-319-18485-2
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2015
Hardcover ISBN: 978-3-319-18484-5Published: 30 July 2015
Softcover ISBN: 978-3-319-36024-9Published: 15 October 2016
eBook ISBN: 978-3-319-18485-2Published: 20 July 2015
Series ISSN: 2214-6881
Series E-ISSN: 2214-689X
Edition Number: 1
Number of Pages: IX, 236
Number of Illustrations: 2 b/w illustrations
Topics: Private International Law, International & Foreign Law, Comparative Law, Philosophy of Law, Theories of Law, Philosophy of Law, Legal History