Beschreibung:
This book provides a unique oversight of judges’ work and contemporary legal challenges in Common Law and Civil Law countries, based on the legal practice and testimonies of senior members of the judiciary speaking up for justice and the law.
This is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media. This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries. It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law. Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.
List of AbbreviationsIntroduction: Judges’ common threats and challenges, Elizabeth Gibson-MorganPart One: Judicial IndependenceChapter One: Reflections on judges in civil law and common law countries, Lord JudgeChapter Two: A Customary Scale of Punishment; Judicial Sentencing in England and Wales, Victor BaileyChapter Three: National perceptions of Judges and Lawyers in the UK, Matthias KellyChapter Four: Judicial independence in Spain, Ana Maria Neira-Pena and David Soto DiazPart Two: Judicial DiversityChapter Five: Diversity and Judicial Independence in Denmark, Peter GjørtlerChapter Six: Diversity and Judicial Independence in Quebec and Canada, Michel MorinPart Three: Access to JusticeChapter Seven: Judging access to justice: the case of the United Kingdom and France, Géraldine Gadbin-GeorgeChapter Eight: Demystifying the laws and the work of judges in Wales, Milwyn JarmanPart Four: Judicial training reformChapter Nine: The status and influence of judges of France and of common law jurisdictions: Recruitment, training and reform, Winston RoddickChapter Ten: The Declaration of Judicial Training Principles: Judicial Training ‘as part of the judicial role’, Benoît ChamouardConclusion: Elizabeth Gibson-MorganBibliographyIndex
