Shimon Shetreet

Judicial independence : the contemporary debate

We present here because it will be so easy for you to access the internet service. As in this new era, much technology is sophistically offered by connecting to the internet. No any problems to face, just for this day, you can really keep in mind that the book is the best book for you. We offer the best here to read. After deciding how your feeling will be, you can enjoy to visit the link and get the book.

Reflections on the Protection of the Rights of the Individual: Form and Substance.

In the absence of a written constitution in Israel, the protection of fundamental rights of the citizens depends upon a variety of legal sources. In the course of resolving questions concerning individual rights, the courts rely upon statutory law as well as basic principles of democratic government and concepts of individual freedoms as expressed in the Israel Declaration of Independence and in international covenants. In the Draft Basic Law: Rights of the Man and the Citizen (hereinafter referred to as the Draft Basic Law), which has passed the first reading in the Knesset, the fundamental rights will be embodied into a written Basic Law. This Basic Law together with the Basic Laws already enacted and those in preparation will eventually become the Constitution of Israel. The chapter by chapter legislative policy for enacting Israels Constitution was laid down in 1950 by the Knesset in what has become known as the Harari Resolution. In the last eight years the drive for legislating Basic Laws, i.e., the chapters of the future Constitution, has gained momentum. It is hoped, therefore, that the day when the State of Israel will have a Constitution is not very far off. The Draft Basic Law extends its protection over the basic civil rights commonly recognized by civilized nations and their constitutions and by international covenants. But social rights, except for the freedom of workers to “associate in labour unions for the protection and furtherance of their economic and social interests”, which is explicitly provided, are not dealt with in the Draft Basic Law.

The Status of Codes of Judicial Conduct in Comparative Perspectives

In most common law jurisdictions there has been a shift from a practice of non-written judicial traditions on judicial conduct to a practice of written codes. This chapter analyses the shift towards a written code of judicial conduct, discusses the status of the code of ethics, and examines considerations which shape the standards of judicial conduct. The English Guide to Judicial Conduct is generally considered persuasive. The need for a written code of judicial ethics has become necessary due to the substantial increase in size of judiciary. With this increasing size, the judiciarys diversity has also enlarged. The result has been that the rules of conduct have become less intuitive to the now much larger, more diverse judiciary. In England, the Constitutional Reform Act of 2005 transferred certain disciplinary powers over judges from the Lord Chancellor to the Lord Chief Justice. Keywords: judicial conduct; judicial ethics; law jurisdictions; written codes

Relations Between Top Courts and Supra-National Courts

The issue of the relations between national top courts, international, and supranational courts has been the center of controversy for a long time. It has been specifically debated and discussed in public discourse.1 It has also been reflected in decisions from the top national courts, such as in the decisions regarding the European Arrest Warrant2 in Germany, Poland, and the Czech Republic,3 and inthe decisions regarding control orders in the United

Towards a Global Code of Judicial Ethics

During the conferences of the International Association of Judicial Independence and World Peace at the University of Ghent in October 2012, and at the University of San Diego in September 2013, it was resolved at the proposal of Prof. Marcel Storme to embark upon a project to develop a global code of judicial ethics. It should deal with two major parts. One part will deal with conduct on the bench and the other on the conduct off the bench, i.e., the rules governing conduct outside of official judicial duties. This code was discussed at the Moscow conference and was approved in the conference of the jiwp association at the University of Bologna and Bocconi University of Milan and approved in that conference. The code is contained in Appendix 2 in this volume and it should serve as a guideline for judicial conduct on a global basis. In this chapter, we analyse the code and the development of the trend of shifting from oral traditions to written code of conducts for judges. This shift is manifested in many common law countries.

The Culture of Peace and Human Rights: The Development of Human Rights Protection in the European Union

This chapter focuses its discussion on the benefits of the European Union (EU), namely, it has demonstrated a commitment to human rights, integrated it into its constitutional infrastructure, and thereby remarkably strengthened the culture of peace and rule of law in the region. The culture of peace in earlier European communities that was later incorporated into the European Community and finally culminated in the EU was predominantly based on economic cooperation. Human rights and democratic values as a set of norms were outside of the traditional EU constitutional infrastructure and were provided via the European Convention on Human Rights, which all member states were party to. Running parallel to the rather gradual process of adopting a series of treaties and the charters, the European Court of Justice (ECJ) has emerged as a major player in the development of EU human rights law. The ECJ initially rejected jurisdiction over human rights matters. Keywords: culture of peace; democratic values; European Court of Justice (ECJ); European Union (EU); human rights protection

Judicial Independence, Liberty, Democracy and International Economy

Judicial independence is a core value of the justice system. It is essential for democratic government, vital for maintaining human rights and indispensable for the protection of liberty and the rule of law. Both domestic and international law played a significant role in developing the principle of judicial independence. It is important that the judiciary operate in an environment defined as the culture of judicial independence. The greater constitutional role of the courts has presented a challenge to the judiciary. International Law and Domestic Law have to face the very serious challenge of balancing between national security interests in the face of terror and the value of protecting suspected terrorists human rights. The judicial independence remains a high priority for protection and enhancement. It is essential for liberty and democracy and it is vital for the rule of law both on the domestic and transnational level. Keywords: democracy; domestic law; international economy; judicial independence; liberty

The Duties of Fairness and Impartiality in Non-Judicial Justice

Abstract The article suggests that while there are differences between typical judicial justice procedures and the alternative dispute resolution procedures that may require a different application of principles, the core concept remains unchanged. The principles of judicial independence, impartiality, and the value of fairness apply to both with proper adjustments. The article also proposes that in view of the increase in online dispute resolution procedures (ODR), a new approach must be introduced to ensure fairness in online justice, following the model of impartiality and decisional independence that is now accepted for administrative adjudicators.

The Model of State and Church Relations and Its Impact on the Protection of Freedom of Conscience and Religion: A Comparative Analysis and a Case Study of Israel

The prevailing view in comparative international law, including that of this author, used to be that the establishment of religion and its recognition by the state or the separation of religion from the state did not, as such, violate religious freedom or constitute unlawful discrimination for religious reasons or breed religious intolerance. However, in recent years this view has changed, as it has become clear that the secularist approach has often led to less openness and a reduced sensitivity to religious freedom. This can be seen in religious statutes regulating use of religious symbols in public space and government facilities.

Contemporary Challenges of Law: Religion and National Security

Modern societies have experienced population movements of different religions and cultures across the world. It is rare that societies are truly homogeneous and in many societies different religious and cultural groups live together. Normally, in any society there is a dominant majority community and one or more minority communities. Even societies which, in the past were of a homogeneous character, have been compelled to welcome people of different cultures because of economic and social developments. This has occurred especially in societies settled by former colonial powers that initially admitted people from their own colonies, and of societies consisting in countries which needed foreign workers to support the economy. The process of globalization has reinforced the movement of populations and communities. These developments present major challenges to social communities in shaping and developing precepts to deal with the reality of people of different backgrounds living together. Those precepts include the recognition of other religions, customs, languages and educational needs of groups within that society. This is not an easy task, since majorities in existing communities have been traditionally reluctant to give up the monopoly of religion and culture that they have enjoyed previously and to accept and accommodate other cultures and religions.