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Fair Reflection of Society in Judicial Systems - A Comparative Study

  • Sophie Turenne

Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 7)

About this book

Introduction

This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.

Keywords

Civil and/or political society Comparative law Composition of courts and tribunals Constitutional and legal culture Constitutional law Federal Constitutional Court High Judicial Council Judicial independence and democratic accountability of judges Legal History Legal culture that shapes judicial independence National legal systems and Judicial Studies Parliament and the Federal Assembly Participation in Judicial Systems Representation in the Judiciary Secure independent judicial selection Supreme courts

Editors and affiliations

  • Sophie Turenne
    • 1
  1. 1.Faculty of LawUniversity of CambridgeCambridgeUnited Kingdom

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-18485-2
  • Copyright Information Springer International Publishing Switzerland 2015
  • Publisher Name Springer, Cham
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-319-18484-5
  • Online ISBN 978-3-319-18485-2
  • Series Print ISSN 2214-6881
  • Series Online ISSN 2214-689X
  • Buy this book on publisher's site