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Fair Reflection of Society in Judicial Systems - A Comparative Study (Hardcover, 1st ed. 2015)
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Fair Reflection of Society in Judicial Systems - A Comparative Study (Hardcover, 1st ed. 2015)
Series: Ius Comparatum - Global Studies in Comparative Law, 7
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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.
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