172 research outputs found
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The culture of judicial independence in a globalised world /
No full textThis volume The Culture of Judicial Independence in a Globalised World is an academic continuation of the previous three volumes: Judicial Independence: The Contemporary Debate , edited by Professor Shimon Shetreet and Chief Justice Deschenes (Brill/Nijhoff, 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges , edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Brill/Nijhoff, 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Brill/Nijhoff, 2014). This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence - both national and international
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The culture of judicial independence ::rule of law and world peace /
No full textThe Culture of Judicial Independence: Rule of Law and World Peace , is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges
The Frederick K. Cox International Law Center Lectureship: Shimon Shetreet
No full textPresented as part of the School of Law\u27s Frederick K. Cox International Law Center\u27s series, September 28, 1999. Introduction by Gerald Korngold, dean of Case Western Reserve University Law School
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Jewish and Israeli Law - An Introduction /
No full textThis book provides a concise introduction to the basics of Jewish law. It gives a detailed analysis of contemporary public and private law in the State of Israel, as well as Israel's legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality. It is the ultimate book for anyone interested in Israeli Law and its politics. Authors Shimon Shetreet is the Greenblatt Professor of Public and International Law at the Hebrew University of Jerusalem, Israel. He is the President of the International Association of Judicial Independence and World Peace and heads the International Project of Judicial Independence. In 2008, the Mt. Scopus Standards of Judicial Independence were issued under his leadership. Between 1988 and 1996, Professor Shetreet served as a member of the Israeli Parliament, and was a cabinet minister under Yitzhak Rabin and Shimon Peres. He was senior deputy mayor of Jerusalem between 1999 and 2003. He was a Judge of the Standard Contract Court and served as a member of the Chief Justice Landau Commission on the Israeli Court System. The author and editor of many books on the judiciary, Professor Shetreet is a member of the Royal Academy of Science and Arts of Belgium. Rabbi Walter Homolka PhD (King's College London, 1992), PhD (University of Wales Trinity St. David, 2015), DHL (Hebrew Union College, New York, 2009), is a full professor of Modern Jewish Thought and the executive director of the School of Jewish Theology at the University of Potsdam (Germany). The rector of the Abraham Geiger College (since 2003) is Chairman of the Leo Baeck Foundation and of the Ernst Ludwig Ehrlich Scholarship Foundation in Potsdam. In addition, he has served as the executive director of the Masorti Zacharias Frankel College since 2013.The author of "Jüdisches Eherecht" and other publications on Jewish Law holds several distinctions: among them the Knight Commander's Cross of the Austrian Merit Order and the 1st Class Federal Merit Order of Germany. In 2004, President Jacques Chirac admitted Rabbi Homolka to the French Legion of Honor
Jewish and Israeli Law - An Introduction/ Shimon Shetreet, Walter Homolka.
No full textIn English.This book instructively introduces the reader to the basics of Jewish law. It gives a detailed, cutting-edge analysis of contemporary public and private law in the State of Israel, as well as Israel's legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality.Frontmatter -- Preface to the First Edition -- Overview -- Table of Cases -- Table of Legislation -- Glossary -- About the Authors -- Part I: Jewish Law -- Chapter 1: The Emergence and Development of Jewish Law -- Chapter 2: Jewish Law as a Pluralist Phenomenon -- Part II: Legal Culture and System of Government in the State of Israel -- Chapter 3: General Introduction -- Chapter 4: System of Government -- Part III: Fundamental Legal Doctrines of Israeli Law -- Chapter 5: Basic Principles of the Israeli Legal System -- Chapter 6: Judicial Role in Society -- Chapter 7: Culture of Judicial Independence -- Part IV: Executive Powers and National Security Powers -- Chapter 8: The Executive and Legislative Power -- Chapter 9: War Powers--Relations between Civil Authorities and the Military -- Part V: Israel as a Jewish and Democratic State -- Chapter 10: Law and Religion in Israel -- Chapter 11: The Historical Roots of Israel as a Jewish and Democratic State: The Founding Fathers Agreement of 1947 -- Chapter 12: The Jurisprudence of the Supreme Court on Non-Orthodox Communities -- Part VI: Law and Religion: International Perspectives -- Chapter 13: Selected Jewish and Other Religious Issues in International Jurisprudence -- Part VII: Equality in Israeli Law -- Chapter 14: Promoting Equality for Women, Minorities, and Jews from Different Countries -- Part VIII: Israel Meets the Challenges of Holocaust Dilemmas -- Chapter 15: Holocaust Dilemmas in Israel -- Part IX: Israeli Private and Commercial Law -- Chapter 16: Commercial and Business Law -- Chapter 17: Private Law -- Chapter 18: Environmental Law -- Chapter 19: Dispute Resolution -- Index1 online resource (XLVIII, 610 p.
Recensione al libro: SHIMON SHETREET-HIRAM CHODOSH-ERIC HELLAND (ed.), Challenged justice. In pursuit of judicial independence, Brill-Nijhoff, Leiden-Boston, 2021, pp. V-548.
No full textRecensione al libro: SHIMON SHETREET-HIRAM CHODOSH-ERIC HELLAND (ed.), Challenged justice. In pursuit of judicial independence, Brill-Nijhoff, Leiden-Boston, 2021, pp. V-548
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Judicial independence ::cornerstone of democracy /
No full text"This book is an academic continuation of the previous five volumes on judicial independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, Wayne McCormack, Hiram E. Chodosh and Eric Helland, all books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014), The Culture of Judicial Independence in a Globalised World (2016), Challenged Justice: In Pursuit of Judicial Independence (2021). This volume offers studies by distinguished scholars and judges from different jurisdictions on numerous dimensions regarding the essential role of judicial independence in democracy. It includes analyses of basic constitutional principles and contemporary issues of judicial independence and judicial procces in many jurisdictions and analyses of international standarts of judicial independence and judicial ethics"-
Challenged justice ::In pursuit of judicial independence /
No full textChallenged Justice: In Pursuit of Judicial Independence is an academic continuation of the previous volumes on judicial Independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, and Wayne McCormack. All books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014) and The Culture of Judicial Independence in a Globalised World (2016). This book offers academic articles by distinguished jurists on judicial independence and judicial process in many jurisdictions including indicators of justice and analysis of international Standards on judicial independence and judicial ethics
Globalization of Human Rights and Mutual Influence Between Courts: the Innovative Reverse Path of the Right to the Truth
No full textThe article examines the European Court of Human Rights (ECtHR) case law in relation to extraordinary renditions (ERs). In particular, the focus of the current work is on the El-Masri case (application no. 39630/09), which marks a milestone in the case law of the ECtHR. For the first time, the ERs program carried out by the United States and its allies has been explicitly condemned in court. Furthermore, in its reasoning the ECtHR drew on the right to the truth as an autonomous legal concept, albeit cautiously and assessed with reference to other rights set forth in the European Convention of Human Rights. From this perspective, the article compares the ECtHR case law and the Inter-American Court of Human Rights case law in order to highlight the mutual influence between those courts in "competing" with each other to ensure that human rights are afforded the highest (possible) protection standards
Judicial self-governing bodies. Instruments of independence or path to ossification?
No full textIl contributo analizza il concetto di “indipendenza giudiziaria” attraverso una visione comparatistica che evidenzia differenti esperienze di natura normativa, legislativa e consuetudinaria in tutto il mondo.
Il concetto di “indipendenza giudiziaria” è stato elaborato sia dalla legge statutaria che dalla dottrina giuridica. Tuttavia, ad oggi, nonostante numerosi tentativi da parte di documenti pubblici, manca ancora una definizione univoca.
L’articolo si sofferma soprattutto sulla possibile classificazione del concetto di “indipendenza giudiziaria” partendo dal testo delle costituzioni, ricordando che risulta necessario considerare che le costituzioni vengono adottate in contesti differenti, fattore che rende complesso concepire il modello costituzionale quale fonte omogenea.
L’esame prosegue con una puntuale analisi degli organismi di autogoverno, diversificati a seconda del contesto storico e geografico che li caratterizza. Nello specifico, viene individuato quale fattore distintivo la composizione dell'organo di autogoverno che, a seconda del Paese, spazia dall’esclusività dei magistrati, a sistemi di maggioranza o ancora alla partecipazione di membri politici.
Il saggio affronta poi il tema della responsabilità dei giudici: alcune costituzioni escludono quasi del tutto forme di responsabilità, mentre altre ne elaborano di sofisticate.
Infine, si riscontra la rilevanza di diverse disposizioni costituzionali che tutelano l’indipendenza dei singoli giudici, tra le più frequenti il divieto di essere membri di un partito o movimento politico durante la carica.
L’analisi si conclude sottolineando l’importanza di un esame accurato dell’attuazione legislativa delle disposizioni costituzionali, oltre che degli atti amministrativi e della prassi consolidata. A riguardo vengono menzionate alcune vicende rilevanti, in particolare casi di Paesi dell’Est Europa e dell’Italia
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