Normative and Practical Recommendations Toward Improved Judicial Independence in Contemporary Iraq PDF Download
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Languages : en
Pages : 0
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Languages : en
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Author: Anes Ghanam Jbara
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 654
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Book Description
This study stands on the fact that the judicial independence is a fundamental element to achieve the rule of law. When it comes to building the rule of law in war-torn nations such as Iraq, several steps has to be taken in order to achieve this end. In this regard, the civil peace is a key, however; the researcher believes that Iraq needs to reform the judiciary concurrently with defeating terrorism and building civil peace. This study stems from an axiom that a weak and corrupted judiciary will hamper the other steps of establishing a modern and democratic regime. In addition, rule of law will not work properly with a weak judiciary. Therefore, the author doesn’t claim that building a strong and independent judiciary in Iraq would resolve all problems! Instead, the author presents this study claiming that judicial independence is a key part of the reform, which depends on the security and political stabilization.The researcher is aware that Iraq has not yet achieved the stage to be considered as a post conflict society; however, when Iraq defeat terrorism in the future this argument apply.This thesis acquires primary research data about current challenges, and potential solutions towards embedding judicial independence as part of democratisation, and increasing protection of human rights. Various research methods have been used including theoretical, doctrinal and empirical analysis. The research provides an examination of formal legal structures, the recent development of the judicial system, including the role of the Iraqi Federal Supreme Court and judicial oversight mechanisms. Proposals to reform relevant laws are made.The investigation develops a useful working definition of judicial independence and sets out practical principles in order to assess judicial independence in Iraq. These principles could be used to test other systems when considering judicial independence.It is argued that Iraq has insufficient institutions and processes to build and uphold the rule of law, to safeguard human rights, and to prevent recurring violence. Weakness of judiciary has created a poor reputation in respect of its capacity to investigate and prosecute human rights violations. Current operational deficiencies can be traced to decades of conflict, the country’s geographical and religious background, and a culture reluctant to accept judicial independence. Further, it is concluded that the weakness of the Iraqi judiciary is a function of the lack of a culture of independence alongside political and religious pressures uponiiijudges. Recommendations which follow include; reforms to judicial appointments, training, ethics, discipline, security, tenure and removal from office; reforms to judicial leadership and the broader oversight of the judiciary; increased transparency in judicial processes, and increased engagement and communication with citizens; abolishing quasi-judicial bodies compromised by political interference; tackling corruption in society; defining spheres of civil and Islamic law at legislative level alongside a conclusion that embedded Islamic laws need not necessarily reduce judicial independence.
Author: Randall Peerenboom
Publisher: Cambridge University Press
ISBN: 1107375584
Category : Law
Languages : en
Pages : 440
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Book Description
This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
Author: Mauro Cappelletti
Publisher: MICHIE
ISBN:
Category : Law
Languages : en
Pages : 144
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Author:
Publisher: BRILL
ISBN: 9047413717
Category : Law
Languages : en
Pages : 321
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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: Winluck Wahiu
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages :
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Book Description
"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher: New York and Geneva : United Nations
ISBN: 9789211541410
Category : Political Science
Languages : en
Pages : 885
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Book Description
Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.
Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9004215859
Category : Law
Languages : en
Pages : 689
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Book Description
The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.
Author: Peter H. Russell
Publisher: University of Toronto Press
ISBN: 0802093817
Category : Political Science
Languages : en
Pages : 489
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Book Description
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Author: Hongyi Chen
Publisher: Cambridge University Press
ISBN: 110719508X
Category : Law
Languages : en
Pages : 407
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Book Description
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
