The Politics of Judicial Selection in Ireland
Title | The Politics of Judicial Selection in Ireland PDF eBook |
Author | Jennifer Carroll MacNeill |
Publisher | |
Pages | 0 |
Release | 2016 |
Genre | Judges |
ISBN | 9781846825972 |
This book provides an unprecedented analysis of the politics underlying the appointment of judges in Ireland, enlivened by a wealth of interview material, and putting the Irish experience into a broad comparative framework. It tells the inside story of the process by which judges are chosen both in cabinet and in the Judicial Appointments Advisory Board over the past three decades and charts a path for future reform of judicial appointment processes in Ireland. The research is based on a large number of interviews with senior judges, current and former politicians, Attorneys-General and members of the Judicial Appointments AdvisoryBoard. The circumstances surrounding decisions about institutional design and institutional change are reconstructed in meticulous detail, giving us an excellent insight into the significance of a complex series of events that govern the way in which judges in Ireland are chosen today. Author Jennifer Carroll MacNeill is both an IRCHSS Government of Ireland Scholar and the winner of the Basil Chubb Prize 2015 for the best politics PhD in Ireland. [Subject: Legal History, Legal Studies, Politics, Ireland]
Judges, politics and the Irish Constitution
Title | Judges, politics and the Irish Constitution PDF eBook |
Author | Laura Cahillane |
Publisher | Manchester University Press |
Pages | 416 |
Release | 2017-02-28 |
Genre | Law |
ISBN | 1526108208 |
This volume brings together academics and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed.
Institutional Change in Judicial Selection Systems
Title | Institutional Change in Judicial Selection Systems PDF eBook |
Author | |
Publisher | |
Pages | 266 |
Release | 2014 |
Genre | |
ISBN |
Debating Judicial Appointments in an Age of Diversity
Title | Debating Judicial Appointments in an Age of Diversity PDF eBook |
Author | Graham Gee |
Publisher | Routledge |
Pages | 404 |
Release | 2017-09-11 |
Genre | Law |
ISBN | 1315400049 |
What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC’s first ten years; appointments to the UK Supreme Court; the pace of change; definitions of ‘merit’ and ‘diversity’; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.
The Judicial Tug of War
Title | The Judicial Tug of War PDF eBook |
Author | Adam Bonica |
Publisher | Cambridge University Press |
Pages | 335 |
Release | 2020-12-17 |
Genre | Law |
ISBN | 1108841368 |
Presents a novel theory explaining how and why politicians and lawyers politicise courts.
Judicial Power in Ireland
Title | Judicial Power in Ireland PDF eBook |
Author | Eoin Carolan |
Publisher | |
Pages | 432 |
Release | 2018-08 |
Genre | |
ISBN | 9781910393192 |
The People’s Courts
Title | The People’s Courts PDF eBook |
Author | Jed Handelsman Shugerman |
Publisher | Harvard University Press |
Pages | 0 |
Release | 2012-02-27 |
Genre | Law |
ISBN | 9780674055483 |
In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. In the past decade, this peculiarly American institution has produced vicious multi-million-dollar political election campaigns and high-profile allegations of judicial bias and misconduct. The People’s Courts traces the history of judicial elections and Americans’ quest for an independent judiciary—one that would ensure fairness for all before the law—from the colonial era to the present. In the aftermath of economic disaster, nineteenth-century reformers embraced popular elections as a way to make politically appointed judges less susceptible to partisan patronage and more independent of the legislative and executive branches of government. This effort to reinforce the separation of powers and limit government succeeded in many ways, but it created new threats to judicial independence and provoked further calls for reform. Merit selection emerged as the most promising means of reducing partisan and financial influence from judicial selection. It too, however, proved vulnerable to pressure from party politics and special interest groups. Yet, as Shugerman concludes, it still has more potential for protecting judicial independence than either political appointment or popular election. The People’s Courts shows how Americans have been deeply committed to judicial independence, but that commitment has also been manipulated by special interests. By understanding our history of judicial selection, we can better protect and preserve the independence of judges from political and partisan influence.