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The Politics of Judicial Independence in the UK's Changing Constitution (Hardcover)
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The Politics of Judicial Independence in the UK's Changing Constitution (Hardcover)
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Judicial independence is generally understood as requiring that
judges must be insulated from political life. The central claim of
this work is that far from standing apart from the political realm,
judicial independence is a product of it. It is defined and
protected through interactions between judges and politicians. In
short, judicial independence is a political achievement. This is
the main conclusion of a three-year research project on the major
changes introduced by the Constitutional Reform Act 2005, and the
consequences for judicial independence and accountability. The
authors interviewed over 150 judges, politicians, civil servants
and practitioners to understand the day-to-day processes of
negotiation and interaction between politicians and judges. They
conclude that the greatest threat to judicial independence in
future may lie not from politicians actively seeking to undermine
the courts, but rather from their increasing disengagement from the
justice system and the judiciary.
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