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This book explores the legal principle of judicial independence from a comparative perspective, aiming to enhance understanding of an independent judiciary. An initial survey of judicial systems worldwide reveals diverse interpretations and practices of judicial independence. Scholarly literature presents various views, with many scholars advocating specific models for achieving ‘true judicial independence’ within a rule of law framework. The book seeks to shift the focus of judicial independence studies by examining its institutional and legal dimensions in domestic legal systems. It investigates how and why different conceptualizations of judicial independence evolve over time through detailed case studies of courts in Malaysia and Pakistan, both influenced by British rule and common law. By tracing the development of judicial independence in these countries from independence to the present, the book provides a comparative analysis of its evolution. It identifies contextual factors influencing this development and proposes a refined understanding termed the ‘pragmatic and context-sensitive theory,’ contrasting it with a universal approach. The study highlights that while judicial independence aims to establish judges as impartial entities through formal and informal constraints, its meaning is shaped by the judicial role and domestic features. Ultimately, the book concludes that the adaptive qualities of judicial independenc
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The Dynamics of Judicial Independence, Lorne Neudorf
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- Pubblicato
- 2018
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