City Research Online

Conclusion: On 'Crisis' and Threats to Judicial Independence As Constant Features in the Landscape of Judicial Activity

Giannoulopoulos, D. & McDermott, Y. (2022). Conclusion: On 'Crisis' and Threats to Judicial Independence As Constant Features in the Landscape of Judicial Activity. In: Giannoulopoulos, D. & McDermott, Y. (Eds.), Judicial Independence Under Threat. Proceedings of the British Academy, 250. (pp. 248-252). Oxford: Oxford University Press.

Abstract

Judicial independence is increasingly under threat. The rise of populism risks undermining the separation of powers, with some politicians, media outlets and members of the public taking aim at judges, labelling them as part of the establishment and the elite, the ‘enemies of the people’. This volume seeks to situate these contemporary challenges to judicial independence in their proper legal, philosophical, political and historical contexts. It brings academic scholars from a variety of disciplines together with judges, politicians and legal professionals. It asks what core shared values of our legal and political systems judicial independence seeks to protect, and how threats to that independence can be protected against. What can we learn from comparative, historical, political, philosophical, and legal insights on the separation of powers, and what means can we discover to prevent against challenges to the independence of judges in times of crisis?

Publication Type: Book Section
Additional Information: © The British Academy 2022 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of the British Academy, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organisation. Enquiries concerning reproduction outside the scope of the above should be sent to the Publications Department, The British Academy, 10–11 Carlton House Terrace, London SW1Y 5AH
Publisher Keywords: Judicial independence, Rule of law, Judges, Human Rights, Criminal law, Populism, Media
Subjects: J Political Science > JF Political institutions (General)
J Political Science > JX International law
K Law > K Law (General)
K Law > KD England and Wales
K Law > KD England and Wales > KDC Scotland
K Law > KF United States Federal Law
Departments: The City Law School
The City Law School > Academic Programmes
SWORD Depositor:
[thumbnail of 21. Conclusion.docx] Text - Accepted Version
This document is not freely accessible due to copyright restrictions.

Export

Add to AnyAdd to TwitterAdd to FacebookAdd to LinkedinAdd to PinterestAdd to Email

Downloads

Downloads per month over past year

View more statistics

Actions (login required)

Admin Login Admin Login