The paradigm of judicial independence in common law countries and its limitation in developing countries
According to popular perception, judicial independence and the rule of law are indispensable features of modern democracy. The countries with common law jurisdiction and democratic set up are not always stable in making the judicial branch free from executive interference. On the other hand, the com...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
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2018
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| Sorozat: | Comparative Law Working Papers
2 No. 2 |
| Kulcsszavak: | Közjog |
| Online Access: | http://acta.bibl.u-szeged.hu/63751 |
| Tartalmi kivonat: | According to popular perception, judicial independence and the rule of law are indispensable features of modern democracy. The countries with common law jurisdiction and democratic set up are not always stable in making the judicial branch free from executive interference. On the other hand, the common law countries coexist with different approach in terms of judicial independence and indulging political strategies to either influence or make the judicial branch completely independent from other governmental bodies. The question is to what extent the judicial branch enjoys its freedom? How constitutional reforms impact in common law countries to make the judicial body more independent discarding political or executive interference? The judicial independence, in fact, always crucial for establishing the rule of law? The significance of International norms and its implementation widens the scope of judicial independence and gives a new directions and standards ensuring the legitimacy and efficiency of the judicial process. The constitutional reforms of British Judiciary have been more effective in making the judiciary more independent than ever. In spite of deriving from the common law jurisdiction the difference between Indian and Bangladeshi legal system surprisingly distinguished themselves particularly in terms of judicial governance and independence. |
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| Terjedelem/Fizikai jellemzők: | 1-13 |
| ISSN: | 2560-1911 |