Culture of Judicial Independence

Shimon Shetreet holds the Greenblatt Chair of Public and International Law at the Hebrew University of Jerusalem, Israel. He is the author and editor of many books on the judiciary. He is the President of International Association of Judicial Independence and World Peace and the leader of the International Project of Judicial Independence and the Mt Scopus Standards of judicial Independence 2008. Between 1988 and 1996 he served as a Member of the Israeli Parliament, and was a cabinet minister under Yitshak Rabin and Shimon Peres. He was a Judge of the Standard Contract Court and served as a member of the Chief Justice Landau Commission on the Israeli Court System.

• Table of Cases; Table of Legislation; Preface; Acknowledgements; List of Contributors PART I: GeneralChapter 1: General IntroductionChapter 2: Judicial Independence, Liberty, Democracy, and International Economy Shimon Shetreet; Chapter 3: Accountability of Judicial Service Commissions to the law: The case of South Africa Christopher Forsyth;Chapter 4: Reflections on Judicial Independence: Past Achievements and Future Agenda. Marcel Storme;PART II: Judicial Independence, Human Rights, Democracy, the Rule of Law and World PeaceChapter 5: Judging the Independence and Integrity of Foreign Courts Neil H. Andrews;Chapter 6: The Role of The Supreme Court in the Protection of Religious Liberty and Secular Values: How Much Autonomy Do You Want? Maimon Schwarzschild;Chapter 7: Culture of Peace in Europe and The Development of the Human Rights Protection in the EU Shimon Shetreet ;Chapter 8: Globalization of Human Rights and Mutual Influence between Courts: The Innovative Reverse Path of the Right to the Truth Professor Arianna Vedaschi;PART III: Constitutional Position of Top CourtsChapter 9: The Independence of the Judiciary in Belgium Marc Bossuyt;Chapter 10: On Fairness Louis Blom-Cooper; Chapter 11: The Conceptual Definition of the Constitutional Court in Italy Giuseppe Franco Ferrari ;PART IV: Relations between the Judiciary and the Other Branches of GovernmentChapter 12: The Scope of Judicial Review and the Rule of Law: Between Judicial Restraint and Judicial Activism Louis Blom-Cooper;Chapter 13: Entering the Political Thicket: The Role of the Judiciary as an Arbiter in Relation to Making and Implementation of Public Policy Anton Cooray;Chapter 14: On Judges Writing Commentaries: Is It Appropriate For A Judge To Engage In Outside Activities? Fryderyk Zoll;Chapter 15: Procedural Guarantees of Independence and Impartiality of Judges in Russia Sergey V. Nikitin;Chapter 16: The Relationship of the Judiciary and Legislature in Australia Hoong Phun Lee;PART V: Impartiality of the Judicial ProcessChapter 17: Relations Between the Court and the Parties in the Managerial Age Neil H. Andrews;Chapter 18: Independence of Court Proceedings: Impartiality and Fairness Dmitry V. Magonya;Chapter 19: Recusal of judges: A Commonwealth Survey of the Applicable Tests Cyrus Das ;Chapter 20: Comparative Perspectives on the Status of Codes of Judicial Ethics Shimon Shetreet;PART VI: International Courts and Cross Country IssuesChapter 21: Judicial Independence in the Context of International Investment Law Wang Guiguo ;Chapter 22: Judicial Impartiality in International Courts: Of Law and Corruption Wayne McCormack;Chapter 23: Arbitral Awards and Errors of English Law: Refining The Law – making Function of The Judicial Appeal System Neil H. Andrews;Chapter 24: The Influence of the European Convention on Human Rights on Judicial Independence in Criminal Procedural Law in Switzerland Andrea Danuser;PART VII: Judicial SelectionChapter 25: Recent Developments in Judicial Elections in the United States and their Impact on Impartiality of Judges Chandra R Desilva ;Chapter 26: Culture and Judicial Independence in Civil Procedure Dmitry Maleshin;Chapter 27: Constitutional Adjudication and Appointments to the UK Supreme Court Sophie Turenne;Chapter 28: Appointment of Judges and Legal Responsibility of Judges: Guarantees of Independence in Russia Sergey Nikitin;Chapter 29: The Bumpy Road Towards Judicial Independence: Past, Present and Future Prospects of Mainland China Liu Hao;Chapter 30: Administrative Justice System In Italy Giuseppe F. Ferrari;PART VIII: International Standards of Judicial IndependenceChapter 31: Judicial Independence and the Three Highest Courts in Austria Walter H. Rechberger;Chapter 32: Analysis of the Recent Amendments to the Mt. Scopus International Standards of Judicial Independence Shimon Shetreet;PART IX: Text of the International Standards of Judicial IndependenceAppendix I - The Mt. Scopus International Standards of Judicial Independence 2008 (2013)Appendix II - The New Delhi Code of Minimum Standards of Judicial Independence (1982)Appendix III - Montreal Universal Declaration on the Independence of the Justice System (1983) In Memoriam: The Late HE Markus Buechel Index.