Description
An in-depth 2006 study of the careers and roles of judges in France, Germany, Spain, Sweden and England.
An in-depth 2006 study of the careers and roles of judges in France, Germany, Spain, Sweden and England. Based on case studies, it suggests factors that shape the character of the judiciary in different countries. Bell's investigations offer lessons on issues which the English judiciary was being forced to confront.
An in-depth 2006 study of the careers and roles of judges in France, Germany, Spain, Sweden and England. Based on case studies, it suggests factors that shape the character of the judiciary in different countries. Bell's investigations offer lessons on issues which the English judiciary was being forced to confront.
An in-depth study, originally published in 2006, of the careers and roles of judges in France, Germany, Spain, Sweden and England, this book is based on original language materials and investigations of judges and judicial institutions in each country. On the basis of these detailed case studies, the book suggests factors that shape the character of the judiciary in different countries, focusing on issues such as women's careers and the relationship between judicial careers and politics. Bell's investigations offer lessons on issues which the English judiciary was having to confront in the period of reform at the time of this book's publication.
1. Introduction; 2. The French judiciary; 3. The German judiciary; 4. The Spanish judiciary; 5. The Swedish judiciary; 6. The English judiciary in comparative perspective; 7. Factors shaping the character of the judiciary.
Chapter
Freedom from interference
Independence to serve justice
Judges and the legal community
Judges and the legal professions
Judges and legal academics
Judges and the wider community
Organisational structures
Civil and criminal courts
The Conseil constitutionnel
Management of the judiciary and courts
Recruitment and selection
Recruitment and selection
Values: conceptions of judicial independence
Freedom from political interference
Judicial style and reasoning
Professional judges and the legal community
Recruitment and selection
Conseillers des prud ’hommes
Judges and the wider community
Constitutional adjudication
The public image of judges
Conclusion: what shapes French judicial cultures?
A French judicial culture?
Organisational setting and the judicial career
One professional judiciary or many?
Management of the judiciary and of the courts
Initial education and recruitment
Diversity in the judiciary
Continuing education and appraisal
The judicial role and past tyrannies
Legal positivism and the Weimar and Nazi periods
Functions of judges in the legal process
Judicial creativity and the Grundgesetz
Judicial lawmaking as a source of law
Conceptions of the judicial role
Professional judges and the legal community
Community judges: Schöffen
Expert and representative judges
Functioning of lay judges
Professional judges and the wider community
Law and politics:constitutional adjudication
Jurisdiction and procedure
The scope of judicial action
The public image of judges
Conclusion: what shapes German judicial culture?
Organisational setting and the judicial career
Governance of judiciary and courts:the Consejo General del
Inspection and complaints
Judicial self-government?
Judicial career of ordinary judges
Training and continuing education
Coming to terms with dictatorship
Professional judges and the legal community
Professional judges and the wider community
Judges and politics: constitutional adjudication
Protecting fundamental freedoms: the amparo
The public image of judges
The judicial role in society
Conclusion: what shapes Spanish judicial culture?
Internal organisational structures and character
Geographical factors as a context
The workload and staf .ng of courts
The growth of administrative justice
Governance of the judiciary and of the courts
Training and continuing education
Judicial involvement in lawmaking
Judges and administrators
Judges as committee secretaries
Other administrative roles
Professional judges and the legal community
Judges and the wider community
Judges and politics: constitutional adjudication
Conclusion: what shapes Swedish judicial culture?
6 The English judiciary in
comparative perspective
Introduction:can continental Europe offer any useful lessons?
The House of Lords/Supreme Court
The High Court and Court of Appeal
The internal judicial culture
Recruitment and selection
Judges and the legal community
Judges and the wider community
Lay and professional judges
The public standing of the judiciary
7 Factors shaping the character of
the judiciary
Education, training and socialisation
Structure of contacts and influence