Results 31 to 40 of about 5,681 (173)

Explaining de facto judicial independence [PDF]

open access: yesInternational Review of Law and Economics, 2003
Abstract A high degree of de facto judicial independence (JI) functions as a crucial precondition of governments to credibly commit to legislative decisions, such as respecting private property rights. Thus, de facto JI should improve the allocative efficiency and may therefore contribute positively to economic growth. But JI as formally written down
Bernd Hayo, Stefan Voigt
openaire   +4 more sources

Neutrality as a judicial virtue: Essence, significance and related terms [PDF]

open access: yesZbornik Radova Pravnog Fakulteta u Nišu
Independence is commonly underscored as a key characteristic of courts and the judiciary. The independence of a court refers to its separation from other branches of state power that do not have commanding or supervisory powers over courts.
Hadži Stević Brano
doaj   +1 more source

Of autocratic incrementalism and inadvertent inspirations: the interaction between the European Court of Justice and national lawmakers in the rule of law crisis in Poland

open access: yesEuropean Law Open, 2023
The European Court of Justice (ECJ) is often viewed as a revered champion of opposition to autocratic reforms in the Member States. In the context of the rule of law crisis in Poland, however, its resolute support for judicial independence contrasts ...
Jonas Bornemann
doaj   +1 more source

European Standards of Judicial Independence in Lithuania [PDF]

open access: bronze, 2021
Vygantė Milašiūtė   +1 more
openalex   +1 more source

CONSTITUTIONAL GROUNDS FOR JUDICIAL INDEPENDENCE AS A GUARANTEE FOR PROPER ADMINISTRATION OF JUSTICE (COMPARATIVE LEGAL ANALYSIS). THE ARMENIAN EXPERIENCE

open access: yesInternational Journal for Court Administration, 2018
The article reveals the constitutional grounds of judicial independence within the context of recent constitutional reforms in the Republic of Armenia. It discusses the issues of cooperation of the judicial, executive and legislative powers in the frames
Arpine Hovhannisyan
doaj   +1 more source

ACCESS TO JUSTICE AND THE INSTITUTIONAL LIMITS OF INDEPENDENT COURTS

open access: yesThe Windsor Yearbook of Access to Justice, 2012
Canadian citizens’ inability to access courts has been a subject of controversy for decades. Despite widespread evidence that Canada’s legal aid system is faltering, governments continue to be unwilling to commit the resources necessary to remedy the ...
Micah B. Rankin
doaj   +1 more source

Independence of Judges as Immanent Quality of Criminal Justice and Its Severe Problem

open access: yesRUDN Journal of Law, 2018
Independence of judges is an objectively necessary condition for the existence of judicial power and justice in the state, it presupposes the freedom of every judge in choosing a legal position on the issue that he resolves, both from the will of the ...
Aleksandr A Tarasov, Irek A Gizatullin
doaj   +1 more source

Innovate – Don’t Imitate! -ENCJ Research Should Focus on Research Gaps

open access: yesInternational Journal for Court Administration, 2018
After a critical evaluation of the proposal by van Dijk and Vos to make judicial independence and accountability measurable, this paper discusses a number of basic methodological decisions that need to be made before meaningful indicators can be ...
Stefan Voigt
doaj   +1 more source

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