The Myth of Judicial Independence: Criminal Justice and the Separation of Powers - Image 1

Price loading...

Oxford University Press The Myth of Judicial Independence: Criminal Justice and the Separation of Powers

Name: The Myth of Judicial Independence: Criminal Justice and the Separation of Powers
Brand: Oxford University Press

Law

Price History & Forecast

No Price Data Available

Price history will appear here once data is collected from Amazon.

Price Distribution

No price data available for histogram

Description

Through an examination of the history of the rules that regulate police interrogation (the Judges' Rules) in conjunction with plea bargaining and the Criminal Procedure Rules, this book explores the 'Westminster Model' under which three arms of the State (parliament, the executive, and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges' Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law, including an adversarial process and trial by jury, and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.

Product Specifications

Brand: Oxford University Press
Format: hardcover
ASIN: 0198822103
Category: Books > Subjects > Business, Finance & Law > Law
Domain: Amazon UK
Release Date: 29 June 2020
Listed Since: 27 March 2018

Barcode

No barcode data available

Oxford University Press The Myth of Judicial Independence: Criminal Justice and the Separation of Powers

Price History & Forecast

No Price Data Available

Price Distribution

Description

Product Specifications

Barcode

Similar Products You Might Like

Judicial Independence Under Threat: 250 (Proceedings of the British Academy)

The Separation of Powers and Legislative Interference in Judicial Process: Constitutional Principles and Limitations

The Politics of Judicial Independence in the UK's Changing Constitution

Judging (Clarendon Law Series)

Judging (Clarendon Law Series)

Criminal Judges: Legitimacy, Courts and State-Induced Guilty Pleas in Britain

The Rule of Law and the Separation of Powers (The International Library of Essays in Law and Legal Theory (Second Series))

The New Judiciary: The Effects of Expansion and Activism

The Efficacy of Judicial Review: The Rule of Law and the Promise of Independent Courts (Comparative Constitutional Law and Policy)

How Law Works: The Machinery and Impact of Civil Justice

Judicial Individuality on the UK Supreme Court (Hart Studies on Judging and the Courts)

Judicial Individuality on the UK Supreme Court (Hart Studies on Judging and the Courts)

Crime, Justice, and Discretion in England 1740-1820

Jurisprudence of Jurisdiction

Universals of Legal Reasoning by Judges: A Plea for Candour in Decision-Making

The Trial on Trial: Volume 3: Towards a Normative Theory of the Criminal Trial: v. 3 (The Trial on Trial: Towards a Normative Theory of the Criminal Trial)

The Constitutional Foundations of Judicial Review

Forgotten Justice: Forms of Justice in the History of Legal and Political Theory

Law's Rule: The Nature, Value, and Viability of the Rule of Law

Private Law and the Rule of Law

International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law (Oxford Monographs in International Law)

Accountability of Judicial Power: Theoretical and Comparative Perspectives (Routledge Frontiers in Accountability Studies)

The Politics of the Common Law: Perspectives, Rights, Processes, Institutions

Routledge Jurisdiction (Critical Approaches to Law) Book