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Author: Jonathan Soeharno Publisher: Routledge ISBN: 1317027396 Category : Law Languages : en Pages : 198
Book Description
There is no consensus among legal scholars on the meaning of judicial integrity, nor has legal scholarship yet seen a well-articulated discussion about the normative concept of judicial integrity. This book makes an analysis of the discourses on judicial integrity in judiciaries in both established and developing democracies. In the former, the rule of law is well-developed and trust in the judges is high, yet new demands for accountability emerge. In the latter, traditional integrity problems such as fraud and corruption take centre stage. The author argues that integrity must be understood both as professional virtue -discussed here through the lens of virtue ethical theory - and as the safeguarding of public trust, as understood through institutional theory. The Integrity of the Judge is a significant new work for legal theorists and philosophers, as well as scholars of legal and judicial ethics.
Author: Jonathan Soeharno Publisher: Routledge ISBN: 1317027396 Category : Law Languages : en Pages : 198
Book Description
There is no consensus among legal scholars on the meaning of judicial integrity, nor has legal scholarship yet seen a well-articulated discussion about the normative concept of judicial integrity. This book makes an analysis of the discourses on judicial integrity in judiciaries in both established and developing democracies. In the former, the rule of law is well-developed and trust in the judges is high, yet new demands for accountability emerge. In the latter, traditional integrity problems such as fraud and corruption take centre stage. The author argues that integrity must be understood both as professional virtue -discussed here through the lens of virtue ethical theory - and as the safeguarding of public trust, as understood through institutional theory. The Integrity of the Judge is a significant new work for legal theorists and philosophers, as well as scholars of legal and judicial ethics.
Author: Publisher: BRILL ISBN: 9047413717 Category : Law Languages : en Pages : 321
Book Description
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author: Jeffrey M. Sharman Publisher: Inter-American Development Bank ISBN: Category : Law Languages : en Pages : 22
Book Description
This monograph was written for the Judicial Reform Roundtable II held May 19-22, 1996 in Williamsburg, Virginia. It discusses the need for the rule of law and separation of powers; the need for judicial independence; and judicial responsibility, integrity, and discipline in the United States.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Canadian Judicial Council Publisher: ISBN: Category : Judges Languages : en Pages : 56
Book Description
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Author: Carrol D. Kilgore Publisher: CreateSpace ISBN: 9781478144007 Category : Languages : en Pages : 584
Book Description
Below title: (21st Century Edition) The original edition of Judicial Tyranny, published in 1977, was the first exhaustive examination of the work of the Supreme Court in relation of the required oath to support the Constitution, which the Court has called "the imperative of judicial integrity." It showed there were many important areas in which the Court substituting for the Constitution's declared supremacy mere philosophical beliefs held from time to time by majority of the justices then sitting. There has not been-nor can there be-any claim that these proofs are inaccurate. Indeed, the U. S. Supreme Court Historical Society has opined that they are accurate, indeed-"Though this work is exceedingly biased and fails to offer any practical solutions to the problems discussed, Judicial Tyranny remains a sound history of recent Supreme Court action." The author defends his bias: He insists that every judge who swears to support the Constitution should take that oath to heart-he must be loyal to the Constitution's provisions instead of to political writings of earlier judges in the form of judicial opinions. This is not an arcane subject. So fundamental is the principle of constitutional supremacy that it was early demonstrated that the judicial oath requires every judge, in enforcing "laws," to determine by rational analysis if that law actually is not law because it is contrary to the Constitution. Yet no one can truthfully deny the fact that the Government of the United States has essentially destroyed the Constitution by exercising powers that the people-through the Constitution-with-held from the Government. And there are two aspects of this basic truth: 1.The people of the original 13 states actually adopted the Constitution, and fully understood that by doing this, they were authorizing the government to come into existence, were specifying precisely what powers they were giving the government, and denying it any authority to exercise other powers. This was done by language so plain that no one could honestly disregard it. 2.With our Government having so grossly departed from Constitutional mandates, and having usurped vast powers never given to it, there is only one thing that made these usurpations possible: The continuing actions by the federal judiciary in deciding whether government actions were lawful, which they did by creating sophistry to show that the government had these powers. Here are a few excerpts from the new edition of Judicial Tyranny: "Faced with a choice between political convenience and integrity's command of yielding to the supremacy of the Constitution, the Court chose convenience." "This ostensible defense of constitutional supremacy carries with it two glaring defects-the arrogant claim of judicial supremacy over the legislative branch and judicial willingness to disregard the Constitution if the degree of peril shall impress the judiciary as adequately extreme. The proper position of public servants in both these government branches is an attitude of subservience to the supreme law." "If 'First Amendment Liberties' may be defined and limited by the Federal judiciary, then every liberty can be so defined and limited." The details of how all these usurpations occurred are carefully spelled out in this book. The acts are not merely described. Explanations and quotations from many judicial opinions prove that this occurred and demonstrated how it happened.
Author: Jonathan Soeharno
Author: Jonathan Soeharno
Author: 
Author: American Bar Association
Author: Jeffrey M. Sharman
Author: American Bar Association
Author: Judicial Conference of the United States
Author: American Bar Association. House of Delegates
Author: Canadian Judicial Council
Author: Carrol D. Kilgore
Author: Charles Gardner Geyh