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Judicial Independence in Context

Judicial Independence in Context

Edited by Adam Dodek and Lorne Sossin


Judicial Independence in Context is a collection of essays by leading scholars, lawyers, and judges that examines both the theory and practice of judicial independence in Canada and around the world. Contributors assess the legacy of the Supreme Court of Canada’s controversial landmark decision in the Provincial Judges Reference while other essays address the need for institutional reform in Canada outside the salary remuneration setting in the areas of court administration and judicial appointments. The book also examines linkages between judicial independence and other issues such as diversity, social context education for judges, public criticism of judges, public policy, and technology. Other contributions examine issues of judicial independence in the United Kingdom, the United States, South Africa, Israel, and Pakistan.


Part I: The Legacy of the Provincial Judges Reference

Foreword: The Challenges of Judicial Independence
Justice Richard J Goldstone
Introduction: Judicial Independence in Context
Adam Dodek and Lorne Sossin

Part II: In need of Broader Reforms? Appointments and Court Administration

“Be Careful What You Wish For”: Administrative Independence and Alternative Models of Court Administration — The New Frontier
Graeme G Mitchell QC
Should They All Just Get Along? — Judicial Ideology, Collegiality, and Appointments to the Supreme Court of Canada
Benjamin Alarie and Andrew Green
Promotion of Federally Appointed Judges and Appointment of Chief Justices: The Unfinished Agenda
Jacob Ziegel

Part III: Conceptual and Practical Challenges to Judicial Independence

Reflections: On Judicial Diversity and Judicial Independence
Sonia Lawrence
Contradictory or Complementary?_ Reconciling Judicial Independence with Judicial Social Context Education
Rosemary Cairns Way
The Significance of Public Pressure on Judicial Independence
Patricia Hughes
Judicial Independence as a Public Policy Instrument
Adam M Dodek
The Impact of Technology on Courts and Judicial Ethics: An Overview
Karen Eltis

Part IV: International Perspectives

Defending Judicial Independence in the British Constitution
Graham Gee
Judicial Independence and Impartiality in the United States?—Complexities and a Sometime Thing
Jameson W Doig
Judicial Non-Dependence: Operational Closure, Cognitive Openness, and the Underlying Rationale of the Provincial Judges Reference—The Israeli Perspective
Amnon Reichman
The Judiciary in South Africa: Independence or Illusion?
Penelope Andrews
Independence and Impartiality in International Adjudication
Fabien Gélinas

Part V: Reflections, Narratives, and Cautionary Tales

Further Reflections on A Place Apart: Judicial Independence and Accountability in Canada
Martin L Friedland
The Media and Judicial Independence
John Honderich
Crisis in Pakistan
Justice Robert J Sharpe and Michelle Bradfield
Going Too Far, Too Fast: Judicial Independence and Political Judgment
Janice Gross Stein
Conclusion: A General Theory of Judicial Independence Revisited
Peter H Russell
Afterword: Judicial Independence in Canada—The Evolution Continues
Justice Brian W Lennox



Published 12 December 2010
Publisher Irwin Law (Canada)
ISBN 9781552211953
Australian RRP $99.00
International Price $90.00
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Law - Judges & Courts
Law - Legal Profession / Legal Practice

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