Overview

Are the courts our friend or our foe? This book has three parts: Part I considers the case for judicial independence Part II looks at the question 'Is judicial independence under threat?' Part III reflects on whether judicial independence be defended and protected. Prompted by the constitutional crisis following the referendum of 2016, the Foundation for Law Justice and Society convened the second Putney Debates. Now convened on an annual basis, they provide a forum each year for the discussion of matters of constitutional importance. The original Putney Debates were held in St Mary’s Church, Putney in 1647. The Civil War had been won, the King was held prisoner, the New Model Army was in control. In late October of that year, the weekly meeting of the High Council of the New Model Army, under the chairmanship of Oliver Cromwell, together with several civilians, turned into a debate about the constitution. This is perhaps the only occasion in modern history that a constitutional convention has been held on the English constitution.

Full Product Details

Author:   DJ Galligan (University of Oxford, UK)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.544kg
ISBN:  

9781509940035

ISBN 10:   1509940030
Pages:   264
Publication Date:   04 November 2021
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

The People and the Courts: An Introduction DJ Galligan, University of Oxford, UK 1. The Case for Judicial Independence in the Age of Populism Robert J Sharpe, University of Toronto, Canada 2. Judicial Independence and Perceptions of Legitimacy Nick Friedman, University of Cambridge, UK 3. The Judicialisation of Politics and Threats to Judicial Independence: When Should We Cry Wolf? Ezequiel Gonzalez-Ocantos, University of Oxford, UK 4. Judicial Independence and Transformative Constitutionalism: Squaring the Circle of Legitimacy Daniel Butt, University of Oxford, UK 5. Self-Fulfilling Prophecies: Populism and Judicial Independence in Europe Bogdan Iancu, University of Bucharest, Romania 6. Judicial Independence: The View from Israel Amir Paz-Fuchs, Sussex University, UK 7. The Nature of Judicial Review in America John W Adams, Rutgers University, USA 8. Under Pressure: Building Judicial Resistance to Political Inference Katarina Sipulova, Masaryk University, Czech Republic 9. Transparency in the 'Fairyland Duchy of Luxembourg' Catherine Barnard, University of Cambridge, UK 10. From Mystery to Transparency: How Judges Promote Public Understanding of the Judicial Role Paul Magrath, Incorporated Council of Law Reporting, UK 11. Legal Elites, Lord Chancellors and Judicial Independence Graham Gee, Sheffield University, UK 12. Ally or Enemy, Friend or Foe DJ Galligan, University of Oxford, UK

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Author Information

DJ Galligan is Professor of Socio-Legal Studies Emeritus at the University of Oxford and Professorial Fellow Emeritus of Wolfson College, Oxford, UK.

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