Judicial Independence Under Threat

Dimitrios Giannoulopoulos holds the Inaugural Chair in Law, and is the Head of the Department of Law, at Goldsmiths, University of London. He is an Academic Bencher of the Honourable Society of the Inner Temple. Dimitrios gained his PhD at the Sorbonne Law School (Paris I). He studied Law at the University of Athens, and holds postgraduate degrees in criminal law and criminal justice from the Universities of Athens, Aix-Marseille and Brunel. He has published widely on suspects' rights, evidence obtained in violation of the right to privacy and the application of ECHR jurisprudence in the domestic criminal process. Yvonne McDermott is a Professor of Law at Swansea University. She was, from 2018-2021, Principal Investigator on the OSR4Rights project, a multi-disciplinary project that examines how open source research has transformed the landscape of human rights fact-finding, funded by the ESRC. From 2022-2027, she will lead TRUE, a European Research Council Starting Grant-funded project which examines the impact of the rise of deepfakes on trust in user-generated evidence of human rights violations. She is Legal Advisor to the Global Legal Action Network (GLAN) and an Associate Academic Fellow of the Honourable Society of the Inner Temple.

Foreword by the Right Hon. the Lord Kerr of Tonaghmore
DIMITRIOS GIANNOULOPOULOS AND YVONNE MCDERMOTT: Introduction: The Judiciary Under Attack (and Why It Matters to Safeguard Judicial Independence)
Part I: Identifying and Understanding Threats to Judicial Independence
JAN-WERNER MÜLLER: 1. 'Enemies of the People': Populism's Threat to Independent Judiciaries
SCHONA JOLLY QC: 2. The Rule of Law Across the World: A System in Crisis?
DOMINIC GRIEVE QC: 3. Judicial Independence Under Threat: What is the Matter with Our Politicians?
MARTINA Y. FEILZER: 4. Understanding Judicial Independence in the Age of Outrage
JULIAN PETLEY: 5. 'Enemies of the People': Article 50, the Press and Anti-Juridicalism
Part II: Judicial Independence: International and Historical Perspectives
DAVID ALAN SKLANSKY: 6. Judicial Independence and Two Visions of American Democracy
RAPHAËLE PARIZOT: 7. Is There a French Habeas Corpus? Thinking About the Control by an Independent Judicial Authority over the Deprivation of Liberty before Criminal Trials
DANIEL AGUIRRE: 8. Judicial Independence and the Prevention of Atrocity Crimes in Myanmar
STEPHEN SKINNER: 9. Identifying Dangers to Democracy: Fascism, the Rule of Law and the Relevance of History
Part III: Judicial Independence in Context: From Criminal Justice to 'Law and Emotions' Studies and Looking to the Future of Judicial Independence
JOHN D. JACKSON: 10. Judicial Independence and Countering Terrorism in the UK
HH JEREMY ROBERTS QC: 11. The Parole Board as an Independent Judicial Body, and Challenges to its Independence
MOA BLADINI AND STINA BERGMAN BLIX: 12. The Judge Under Pressure: Fostering Objectivity by Abandoning the Myth of Dispassion
THE RIGHT HON. THE LORD THOMAS OF CWMGIEDD: 13. Epilogue: Judicial Independence: The Need for Constant Vigilance
YVONNE MCDERMOTT AND DIMITRIOS GIANNOULOPOULOS: 14. Conclusion: On 'Crisis' and Threats to Judicial Independence as Constant Features in the Landscape of Judicial Activity