Judiciaries within Europe :A Comparative Review ( Cambridge Studies in International and Comparative Law )

Publication subTitle :A Comparative Review

Publication series :Cambridge Studies in International and Comparative Law

Author: John Bell;  

Publisher: Cambridge University Press‎

Publication year: 2006

E-ISBN: 9781316972823

P-ISBN(Paperback): 9780521860727

P-ISBN(Hardback):  9780521860727

Subject: D90 theory of law (jurisprudence)

Keyword: 法律

Language: ENG

Access to resources Favorite

Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.

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

Roles

Judicial tasks: routine

Creativity

Extrajudicial tasks

Judges and the legal community

Judges and the legal professions

Judges and legal academics

Judges and the wider community

Judges and politics

Social status

Conclusion

2 The French judiciary

Organisational structures

The court systems

Civil and criminal courts

Appeals

Administrative courts

The Conseil constitutionnel

Management of the judiciary and courts

Ordinary judges

Administrative judges

Career structure

Ordinary judges

Recruitment and selection

Training and career

Administrative judges

Recruitment and selection

Training and career

Judicial corporate life

Ordinary judges

Values: conceptions of judicial independence

Freedom from political interference

Freedom to do justice

Judicial roles

Judicial creativity

Judicial style and reasoning

Extrajudicial roles

Ordinary judges

Administrative judges

Professional judges and the legal community

Judges and advocates

Judges and academics

Lay judges

Commercial judges

Recruitment and selection

Corporate life

Conseillers des prud ’hommes

Recruitment

Training

Collective identity

Other lay judges

Judges and the wider community

Constitutional judges

Constitutional adjudication

The public image of judges

Conclusion: what shapes French judicial cultures?

Ordinary judges

Administrative judges

A French judicial culture?

3 The German judiciary

Organisational setting and the judicial career

One professional judiciary or many?

Court structures

Management of the judiciary and of the courts

The judicial career

Initial education and recruitment

Diversity in the judiciary

Promotion and appraisal

Continuing education and appraisal

Discipline

Conclusion

Judicial corporate life

History and values

The judicial role and past tyrannies

Legal positivism and the Weimar and Nazi periods

East German law

Judicial independence

The judicial role

Functions of judges in the legal process

Judicial creativity

Judicial style

Judicial creativity and the Grundgesetz

Judicial lawmaking as a source of law

Conceptions of the judicial role

Extrajudicial roles

Professional judges and the legal community

Judges and Rechtsanwälte

Judges and professors

Lay judges

Community judges: Schöffen

Expert and representative judges

Training and discipline

Functioning of lay judges

Professional judges and the wider community

Law and politics:constitutional adjudication

Court membership

Jurisdiction and procedure

Federal relations

Political parties

Fundamental rights

The scope of judicial action

The public image of judges

Conclusion: what shapes German judicial culture?

4 The Spanish judiciary

Organisational setting and the judicial career

Court structures

Governance of judiciary and courts:the Consejo General del

Poder Judicial

Composition

Governance

Promotions

Supervision

Inspection and complaints

Judicial discipline

Consultation

Judges as managers

Judicial self-government?

Judicial career of ordinary judges

Selection

Training and continuing education

Career

Judicial corporate life

History and values

Coming to terms with dictatorship

Judicial independence

The judicial role

Judicial creativity

Precedent

Statutes

Extrajudicial roles

Professional judges and the legal community

Judges and abogados

Judges and professors

Lay judges

Juez de paz

Jurado

Professional judges and the wider community

Judges and politics: constitutional adjudication

Separation of powers

Protecting fundamental freedoms: the amparo

Composition of the court

The public image of judges

The judicial role in society

Public reputation

Judges and media

Political corruption

Rising judicial power?

Conclusion: what shapes Spanish judicial culture?

5 The Swedish judiciary

Internal organisational structures and character

Geographical factors as a context

Court structures

The workload and staf .ng of courts

The growth of administrative justice

Dispute resolution

Governance of the judiciary and of the courts

Domstolsverket

Judges as managers

Ministry of Justice

Judicial career

Selection

The position of women

Promotion

Training and continuing education

Socialisation

Judicial corporate life

History and values

History of the judiciary

Dominant ideas

Scandinavian realism

Social democracy

Consensus-building

Contemporary challenges

Judicial independence

Judicial roles

Judicial creativity

Judicial involvement in lawmaking

Remissen

Lagrådet

Extrajudicial activities

Judges and administrators

Judges as committee secretaries

Other administrative roles

External commitments

Professional judges and the legal community

Justitieombudsman

Åklagarna

Advokaterna

Academic lawyers

Lay judges

History

Function

Membership and training

Operation

Judges and the wider community

Judges and politics: constitutional adjudication

Public image of justice

Public opinion

Judges and the media

Conclusion: what shapes Swedish judicial culture?

6 The English judiciary in comparative perspective

Introduction:can continental Europe offer any useful lessons?

The judicial career

The House of Lords/Supreme Court

The High Court and Court of Appeal

The Circuit Bench

Reforms of 2005

Part-time judges

The internal judicial culture

Recruitment and selection

Diversity

Judicial training

Judicial representation

Judicial independence

Judges and the legal community

Judges and practitioners

Judges and academics

Judges and the wider community

Lay and professional judges

Judges and politics

Judicial lawmaking

Judicial review

Sentencing discretion

Judges as public figures

The public standing of the judiciary

Conclusion

7 Factors shaping the character of the judiciary

History

Task

Organisational structure

Judicial corps

Education, training and socialisation

Hierarchy and leadership

Social diversity

Structure of contacts and influence

Collective action

Values

Lawmaking creativity

Independence

Public office

Conjunctural events

External expectations

Conclusion

Index

The users who browse this book also browse


No browse record.