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Abstract This chapter considers the constitutional protection of judicial independence throughout Asia with a particular focus on how judicial independence can be undermined despite relevant constitutional safeguards. The chapter presents several examples from the region to illustrate two important themes.
Alex Schwartz, H.P. Lee
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Alex Schwartz, H.P. Lee
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Judicial Independence And Judicial Hubris
2011Judicial independence is widely, and rightly, said to be a cornerstone of liberal government, of good government, and of the rule of law. Judicial independence in the good sense implies that judges should be free from improper interference by political authorities; that they should be free from improper pressure by powerful private forces as well, or ...
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Corruption and Judicial Independence
2011The purpose of this chapter is to advance collective thinking about judicial independence into the realm of anti-corruption, to recognise the tension between political protections and economic controls, and to sketch some modest ways through the hard choices for reformers concerned about both political and economic threats to judicial independence and ...
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Judicial Independence Not Judicial Isolation
2008Abstract Abstract This paper argues that the judiciary should be both independent and involved. It should not be isolated. In any jurisdiction the existence of a judiciary which is both individually and institutionally independent is critical to the rule of law.
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SSRN Electronic Journal, 2010
University of Cambridge Hong Kong and China Affairs Society Conference “Reflections” 2008, Hong Kong, 12-13 July 2008.
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University of Cambridge Hong Kong and China Affairs Society Conference “Reflections” 2008, Hong Kong, 12-13 July 2008.
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2017
Abstract This chapter focuses on the independence of the Indian judiciary and how judicial independence has been interpreted and secured in the country’s constitutional law. In particular, it considers the balance between judicial independence and judicial accountability, along with various concerns and goals that have shaped ...
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Abstract This chapter focuses on the independence of the Indian judiciary and how judicial independence has been interpreted and secured in the country’s constitutional law. In particular, it considers the balance between judicial independence and judicial accountability, along with various concerns and goals that have shaped ...
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2009
Abstract Few cows are more sacred than judicial independence, yet the concept of an independent judiciary is more commonly apotheosized than analyzed. This article explains how the concept of judicial independence is much more complicated and ambiguous than it is often regarded.
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Abstract Few cows are more sacred than judicial independence, yet the concept of an independent judiciary is more commonly apotheosized than analyzed. This article explains how the concept of judicial independence is much more complicated and ambiguous than it is often regarded.
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2008
Abstract Around the world, constitutions and transnational conventions now insist that judges be “independent” from the authorities that employ them. Consider first a few such statements. The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice ...
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Abstract Around the world, constitutions and transnational conventions now insist that judges be “independent” from the authorities that employ them. Consider first a few such statements. The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice ...
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Judicial independence and corporate employment: Evidence from China
Finance Research Letters, 2023Hao Yang, Xiaofang Zhao
exaly

