Judicial Independence: Cornerstone of Democracy

Shimon Shetreet, is the Greenblatt Chair of Public and International Law at the Hebrew University of Jerusalem, Israel (emeritus). He is a Member of the Royal Flemish Academy of Arts and sciences of Belgium and the author and editor of many books on the judiciary. He is the President of the International Association of Judicial Independence and World Peace and the leader of the International Project of Judicial Independence and the Mt Scopus International Standards of Judicial Independence 2008. Between 1988 and 1996 he served as a Member of the Israeli Parliament, and was a cabinet minister under Yitzhak Rabin and Shimon Peres. He also served as Senior Deputy Mayor of Jerusalem. 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. Received the International Jurist Association Award 2011 New Delhi.Hiram E. Chodosh, holds a BA degree from Wesleyan University and a JD degree from Yale University. He is President and Professor of Claremont McKena College, he served as Professor and Director of the Frederick K. Cox International Law Center at Case Western Reserve University School of Law, Dean of the S. J. Quinney College of Law at the University of Utah, and Hugh B. Brown Endowed Presidential Professor of Law and Senior Presidential Adviser on Global Strategy. President Chodosh served as Fulbright Senior Scholar in India and received the Gandhi Peace award.

• PrefaceAcknowledgementsNotes on ContributorsTable of CasesTable of Legislation1 General IntroductionShimon ShetreetPart 1Democracy, Rule of Law and Judicial Independence in Challenging Times2 The Judiciary in Malta in Historical and Comparative PrespectiveVincent A. De Gaetano3 Analysis of the Major Contemporary Threats and Challenges to the Independence of JusticeDiego Garcia–Sayan4 Judicial Independence in the Face of Political ImpunityTassaduq Hussain Jillani5 Judicial Independence and Political Impunity A Brief Rejoinder from IndiaArghya Sengupta6 The Contribution of the Jurisprudence of the Supreme Court to the Protection of Social RightsJustice Yosef Elron7 Theory of Separation of Powers and Its Development in EnglandShimon ShetreetPart 2Measuring and Evaluation of the Justice System8 Measuring Justice and Judicial Independence The Impracticable ImperativeHiram E. Chodosh and Eric Helland9 Artificial Intelligence and the JudiciaryLord John Thomas10 Evaluation and Measurement of CourtsYigal Mersel11 Scientific Evidence in Courts of Law An OverviewJay Levinson, Eti Buchnik, Barak Ariel and Abraham J. DombPart 3Contemporary Challenges of Judicial Independence12 Contemporary Challenges to Israeli Judiciary Proposed Judicial ReformShimon Shetreet13 Public Opinion and Public Trust in the Israeli JudiciaryNir Atmor and Menachem Hofnung14 The Struggle for the Independence of the Judiciary in the Palestinian AuthorityHaim Sandberg15 The Legitimacy of Judge’s Consultation with Colleagues and External ExpertsDavid Cheshin16 Challenging the Traditional System of Appointment of Judges to the Federal Supreme Court in SwitzerlandGian Andrea DanuserPart 4eli – Mount Scopus Project on Standards of Judicial Independence17 The Significance of Developing International and European Standards of Judicial Independence The eli Mt Scopus ProjectShimon Shetreet18 European Standards of Judicial Independence – Lessons from the Court of Justice of the European UnionSophie Turenne19 Judicial Self-governing Bodies Instruments of Independence or Path to Ossification?Giuseppe Franco Ferrari20 Challenges to Judicial Structural Independence in SloveniaMarko Novak21 The Challenge of Balancing Between Universality and Particularity in Shaping International Standards of Judicial IndependenceShimon ShetreetPart 5Contemporary Issues on the Role of the Judiciary Constitutional Position of the Judiciary22 The Struggle for Judicial Independence The Supreme Court as a Constitutional Beacon in El SalvadorMónica Castillejos-Aragón23 Jointly and Severally The Relationship between the President of the Supreme Court and the Minister of Justice of IsraelShimon Shetreet24 Court Packing and Judicial Independence An American PerspectiveJonathan L. Entin25 The Dysfunctions of the Courts and Judicial RoleMaimon Schwarzschild26 The Role of the Judge in Jewish LawShimon ShetreetPart 6Honouring 40 Years of Pursuit of Judicial Independence of jiwp27 The Work on Promoting Judicial Independence of the International Association on Judicial Independence and Its President Prof. Shimon ShetreetDaphna Lewinsohn Zamir28 Contribution of Shimon Shetreet to Public and Constitutional LawYoav Dotan29 Our Pursuit of Judicial Independence Tribute to Shimon Shetreet on the 40th/75th Dual AnniversaryHiram Chodosh30 Defending the Independence of Judges and Lawyers in Challenging TimesDiego Garcia–Sayan31 Promoting Judicial Independence at the National and International LevelEliezer Rivlin32 The Role of the Bar in Defending the Rule of Law in IsraelAvi Himi and Israeli Bar33 A Note on Judicial Review of Government Decisions An Ancient Jewish PerspectiveAsher Axelrod34 Personal Reflections on Judicial Independence Historical Lessons and Contemporary ChallengesShimon ShetreetPart 7AppendicesAppendix 1 Mount Scopus International Standards of Judicial IndependenceAppendix 2 Bologna Milano Global Code of Judicial Ethics 2015Appendix 3 The New Delhi Code of Minimum Standards of Judicial Independence (Adopted by the iba New Delhi Convention 1982)Appendix 4 Montreal Universal Declaration on the Independence of JusticeAppendix 5 UN Basic Principles on the Independence of Judges and LawyersAppendix 6 United Kingdom Supreme Court Guide to Judicial Conduct (2019)Appendix 7 Code of Conduct for the Justices of the Federal Constitutional Court of GermanyIndex