Challenged Justice: In Pursuit of Judicial Independence

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 Yitshak 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. Hiram E. Chodosh is President and Professor of Claremont McKenna College. He served as 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. Distinguished scholar and author. Eric Helland is the William F. Podlich Professor of Economics and George R. Roberts Fellow at Claremont McKenna College and an adjunct economist at the RAND Corporation, in the Institute for Civil Justice. He is the author of over 50 books and scientific articles.

Preface

Acknowledgements

Table of Cases

Table of Legislation

Notes on Contributors



1 General Introduction

  Shimon Shetreet



PART 1

Challenges to Judicial Independence



2 Reflections on the Changing Position of the Judiciary

  Lord Thomas with Introduction by Lord Pannick



3 Threats to Judicial Independence

 Traditional Transitions Challenged

  Wayne McCormack



4 The Rule of Universality and Particularity

 Judicial Independence, Judicial Appointments and Other Issues

  Shimon Shetreet



PART 2

Measuring Justice



5 Quality of Justice for Citizens

 From Courts Standards to Equal Access for All

  Daniela Piana



6 Commodification of Justice--A Personal View on Managerial Performance Indicators in the Judicial Context

  Michael Bohlander



7 Judicial Independence Through Data-Driven Knowledge, Open Data, and Artificial Intelligence from a European Perspective

  Gianpaolo Maria Ruotolo



8 Judicial Independence

 A French Paradoxical Pattern in the European Field

  Emmanuel Cartier



PART 3

Judicial Independence and Impartiality



9 Global Perspectives of Judicial Independence

 Structural Transitions and Turmoil

  Wayne McCormack



10 The Struggle to Defend the Independence of the Judiciary in Africa

  Charles Manga Fombad



11 The Transformation of Judicial Independence in Belarus in The Post-Communist Era

  Ksenyia Laputko



12 Aged Clichés, Different Suburb

 Justice in Romania: Crisis Vs. Independence

  Sebastian Spinei



13 Family Ties and Judicial Independence

  Jonathan L. Entin



PART 4

Judicial Accountability



14 Judges’ Responsibility and Accountability

  Eliezer Rivlin



15 The Code of Conduct for the Justices of the Federal Constitutional Court of Germany

  Thorsten Ingo Schmidt



16 Judges On and Off the Bench

 The Outreach of Independence

  Louis Blom-Cooper



PART 5

Judicial Protection of Individual Rights



17 Judicial Role in the Protection of Social Rights

  Giuseppe Franco Ferrari



18 The Judicial Role in the United States and the Political Question Doctrine

  Maimon Schwarzschild



PART 6

The Rule of Law and Democracy



19 Fighting for Political Liberalism

 The Role of Lawyers in Mobilizing for Judicial Independence

  Mónica Castillejos-Aragón



20 Matters of the Judiciary

 A Role for Bar Associations

  Cyrus Das



21 Democracy Challenged

 Theoretical Foundations of the Concept of Judicial Independence and the Contemporary Challenges—Comparative Perspectives

  Shimon Shetreet



22 Analysis of the Amendments of Mount Scopus Standards of Judicial Independence and the Bologna and Milan Global Code of Judicial Ethics (Adopted 2016–2019)

  Shimon Shetreet



PART 7

Appendices



Appendix I Mount Scopus International Standards of Judicial Independence 421
Appendix II Bologna, Milano Global Code of Judicial Ethics 2015 456
Appendix III The New Delhi Code of Minimum Standards of Judicial Independence (Adopted by the IBA New Delhi Convention 1982)

Appendix IV Montreal Universal Declaration on the Independence of Justice

Appendix V UN Basic Principles on the Independence of Judges and Lawyers

Appendix VI United Kingdom Supreme Court Guide to Judicial Conduct (2019)

Appendix VII Code of Conduct for the Justices of the Federal Constitutional Court of Germany



PART 8

In Memoriam



1 In Memoriam- Professor Marcel Storme

2 In Memoriam- Professor Sir Louis Blom- Cooper, QC



Index