Chapter
1.5 Judges and Free Speech
1.6 Judicial Bias and Recusal
1.7 Judges and Non-Judicial Functions
2 Independence and Accountability of the Judiciary: Comparative Analysis of the Theories and the Realities with Lessons for the Asia-Pacific
2.2 The Theoretical Foundations of the Concept of Judicial Independence and Accountability
2.3 The Fundamental Values of the Justice System
2.4 Historical Development
2.5 The Contemporary Challenges
2.6 Non-National Judges in Domestic Courts
2.7 Four Decades of Pursuit of Judicial Independence: The International Project of Judicial Independence of the International Association of Judicial Independence and World Peace (JIWP)
3 The Judiciary of Bangladesh: Its Independence and Accountability
3.1 Introducing the Judiciary
3.2 Constitutional Independence of the Judiciary
3.3 Erosion of Judicial Independence
3.5 New Law for the Impeachment of SC Judges
3.6 Judicial Review Power
3.7 Judicial Enforcement of Constitutional Guarantees
3.8 Judicial Accountability
4 Judicial Independence, Impartiality and Integrity in Brunei Darussalam
4.2 The Judiciary in Brunei
4.2.3 Constitutional Protections for Judicial Independence
4.2.4 Appointment of Judges
4.2.7 Financial Independence
4.3 The Rule against Bias and Recusal
4.3.1 Ground One: Security of Tenure
4.3.2 Ground Two: Personal Bias
4.4 Jurisdictional Issues
4.4.1.1 Sultan’s Immunity
4.4.1.2 Immunity of Public Officials
4.4.3 Other Limitations on Jurisdiction
4.5 Judges and Free Speech
5 The Future of Judicial Independence in China
5.2 De Jure Judicial Independence in China
5.3 Personal Independence
5.4 Internal Independence
5.5 Collective Independence
5.6 Substantive Independence
5.7 Relationship between Courts and other Organizations
5.7.1 Relationship between Courts and the CCP
5.7.2 Relationship between Courts and People’s Congresses
5.7.3 Relationship between Courts and Media and Other Social Pressure Groups
6 The Judiciary in Fiji: A Broken Reed?
6.2 Historical Background
6.3 The Organisation of the Fijian Judiciary
6.4 Judicial Appointments, Disciplinary Matters and Dismissals
6.6 Impact on the Judiciary
6.8 Concluding Observations
7 Hong Kong’s Judiciary under ‘One Country, Two Systems’
7.2 The Structure of the Judicial System
7.3 Judicial Features of ‘One Country, Two Systems’
7.4 Appointment and Conditions of Service of Judges
7.4.1 Recruitment of Judges
7.4.3 Appraisal of Judges
7.4.4 Code of Conduct for Judges
7.4.5 Complaints against Judges
7.4.7 Temporary, Part-Time or ‘Non-Regular’ Judges
7.4.8 Judicial Remuneration
7.4.9 Judicial Administration
7.4.10 The Legislative Council and the Judiciary
7.4.11 Rules of Bias and Recusal
7.4.12 Contempt of Court by ‘Scandalising the Court’
7.4.13 Judges and Free Speech
7.4.14 Judges and Non-Judicial Functions
8 Judicial Independence and the Rise of the Supreme Court in India
8.2 Judicial Independence in the Indian Constitution
8.3 Expanding Fundamental Rights Jurisdiction
8.3.1 Procedural Shift – Public Interest Litigation
8.3.2 Substantive Shift – Right to Live with Human Dignity
8.4 The Battle for Supremacy
8.4.1 The Constitutional Amendment Power
8.4.2 Judicial Appointments
9 The Indonesian Courts: From Non-Independence to Independence without Accountability
9.2 The 1945 Constitution and Judicial Independence
9.3 Reform of the Indonesian Supreme Court
9.3.2 Judicial Appointment and Removal of the Supreme Court Justices
9.3.3 The Establishment of the Constitutional Court
9.4 Judicial Commission: How to Provide Judicial Accountability
10 Independence of the Judiciary and Securing Public Trust in Japan
10.2 Judicial Independence and the Constitution
10.2.1 The Judiciary and the Judicial Power
10.2.3 Judicial Independence in the Constitution
10.3 Judicial Independence against the Political Branch
10.3.1 Past Attempts at Influencing the Judiciary
10.3.2 Modern Practices: Appointment of the Supreme Court Justices
10.3.3 Modern Practice: Control of Lower Court Judges by the Supreme Court
10.4 Judicial Independence within the Judiciary
10.4.1 Judges within the Judiciary
10.4.2 Appointment and Reappointment
10.4.3 Assignment and Promotion
10.4.4 Political Freedom of Judges
10.5 A Reflection on Judicial Independence in Japan
10.5.2 Judges Serving the Interests of the LDP?
10.5.3 Measures to Secure Public Trust?
11 The Malaysian Judiciary: A Sisyphean Quest for Redemption?
11.2 Overview: Malaysia’s Constitutional and Political System
11.3 Subverting the Judiciary
11.3.1 Controlling the Judiciary’s Power
11.3.2 Curbing the Judiciary’s Independence
11.3.2.2 Command and Control
11.3.2.3 Anwar Ibrahim Cases
11.3.3 Corrupting the Judiciary
11.3.4 Catharsis: The Video Royal Commission
11.4.1 The New JAC System
11.4.2 The New Discipline System
12 Judicial Power in Myanmar and the Challenge of Judicial Independence
12.1 Ribbons of Resistance
12.2 Rejecting the Constitutional Tribunal’s Authority
12.3 Controversy over Appointments and Removals
12.4 Final but Inconclusive? The Responsibilities of the Tribunal
12.5 Restricted Access to the Tribunal
12.6 Institutional Stasis and Subordination: The Supreme Court
12.7 The Public Face of the Courts
13 The Singapore Judiciary: Independence, Impartiality and Integrity
13.2 The Historical Development of Judicial Independence in Singapore
13.3 Judicial Appointments and Qualifications of Judges
13.4 Judicial Independence and the Problem of Tenure
13.4.1 Supernumerary Judges
13.4.2 Judicial Commissioners
13.4.3 International Judges of the International Commercial Court
13.4.4 Judges of the State (Subordinate) Courts
13.5 Judges and Free Speech
13.5.2 Legislative Clawback: The Administration of Justice Act 2016
13.6 Protecting against Judicial Bias
14 Decline and Fall of Sri Lanka’s Judiciary and Prospects for Resurrection
14.2 Origins of the Judicial System
14.2.1 Pre-Colonial Justice
14.2.2 Colonial Foundations
14.2.3 A Report Card of British Justice in Ceylon
14.3 Golden Age of Judicial Independence
14.3.1 Independence from Government
14.4 Backlash – Elimination of Judicial Review of Legislation
14.5 Disabling Judicial Review of Executive Action
14.6 Executive Control of Judicial Appointments and Dismissals
14.8 Modest Reforms and an Indian Summer
14.8.1 Constitutional Jurisdiction
14.8.2 Fundamental Rights
14.8.3 Restoration of the Independent Judicial Service Commission
14.9 The Nadir of Judicial Independence in Sri Lanka
14.9.1 False Hope: The Seventeenth Amendment and Its Subversion
14.9.2 Tale of Two Chief Justices
14.10.2 Restoring Legitimacy to the Highest Judicial Office
14.10.3 The Constitutional Council Is Re-Established
14.10.4 No More Urgent Bills
15 Institutional Independence of the Judiciary: Taiwan’s Incomplete Reform
15.2 Institutional Independence of Judges: Distinction from Prosecutors
15.2.1 Offices of Judges and Prosecutors: From No Distinction to Incomplete Distinction
15.2.2 Powers of Judges and Prosecutors: From No Distinction to Distinction
15.2.3 Remaining Challenges
15.3 Institutional Independence of the Judicial Yuan: A Court or a Judicial Administration?
15.3.1 Judicial Yuan as the Supreme Court Never Implemented
15.3.2 Judicial Yuan as an Independent Judicial Administration
15.3.3 Judicial Yuan as an Independent Court?
16 The Vanuatu Judiciary: A Critical Check on Executive Power
16.2 The Vanuatu Judiciary
16.3 The Importance of Judicial Independence in Regard to Checking Executive Power
16.4 Judicial Independence in the Context of a Small, Christian, Island Nation
16.4.3 Country Size and the Role of External Judicial Networks
16.5 Future Challenges for Vanuatu’s Judiciary
17 Independence, Impartiality and Integrity of the Judiciary in Vietnam
17.2 Orientation and Recent Reforms
17.3 Appointment, Discipline, Removal of and Complaints about Judges
17.3.1 Judicial Appointment
17.3.1.1 Who Appoints Judges?
17.3.1.2 The National Council for Judicial Selection and Monitoring (the ‘National Council’)
17.3.1.3 Assessment Procedure within the National Council for Judicial Selection and Monitoring
17.3.1.4 Judicial Selection Criteria
17.3.1.5 Judicial Examinations
17.3.2 Discipline and Removal
17.3.3 Complaint Settlement
17.3.3.1 Complaints Regarding Judicial Behaviour in Proceedings
17.3.3.2 Complaints against Judges and Court Staff Concerning Ethics and Illegal Acts
17.3.3.3 Complaints about Selection, Appointment, Dismissal and Removal of Judges
17.3.3.4 Complaints Made Invoking Party Discipline
17.3.3.5 Termination of Employment as a Judge on Grounds Other Than Complaint
17.3.3.6 Complaints in Practice
17.3.3.7 Inspecting Work of Judges
17.4 Judges, Directed Speech and Limits
17.5 Judges and the Party: Bias, Recusal and Obligations beyond the Court
18 The Challenges of Judicial Independence in the Asia-Pacific
18.2 Challenges to Judicial Independence
18.3 The Journey towards Judicial Independence in the Asia-Pacific Region
18.3.1 Judicial Independence, Judicial Tenure and Retirement Age of Judges
18.4 Challenges Ahead: Courts and Technology
Asia-Pacific Judiciaries
：Independence, Impartiality and Integrity
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