Search results for "Judicial independence"
showing 4 items of 4 documents
THE TRANSFORMATION OF THE UNDERSTANDING OF JUDGE INDEPENDENCE IN LATVIA
2012
Latvian people’s craving for freedom culminated in the beginning of 1990-s. The activity of the Constitution of the Republic of Latvia was renewed, and the state power was returned to the people. From this moment, the work on dismantling the Soviet legal system in Latvia had started. A legal system had been redirected to the principles of the Western legal branch. The hard core of these principles was already in the Article 1 of the 1920 Constitution of the Republic of Latvia which states that Latvia is an independent and democratic republic. A key element of a democratic state is of a legal state. The division of powers, which is an essential element of a judge's independence, is in force …
The independence of the judiciary within a European context
2005
The author considers the need to safeguard judicial independence at both national and European levels. Article by Professor Mario Serio (Professor of Comparative Law, University of Palermo, Italy) published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.
JUDGE IMPARTIALITY IN COMPREHENSIVE JUDICIAL DEVELOPMENT
2012
General human rights instruments guarantee the right to a fair trial before independent and impartial court. International and national legislation explicitly provides that the court should be impartial. But how can we understand that the court is impartial? Should there be an objective decision or should there be impartial decision-making process? Nowadays we often think about how it is possible to ensure judicial impartiality. How an impartial court may exist in democratic society, and whether a society should have any criteria of judicial impartiality to ensure that the public trusts the courts and judges. The aim of the court’s decision is not only to achieve an equitable settlement of …
Le garanzie costituzionali dell'indipendenza della magistratura nell'esperienza francese, italiana e spagnola
2023
The book aims to examine in three different legal systems - Italy, France, and Spain - the constitutional guarantees of the independence of the judiciary with a particular focus on the Councils of Justice. It is proposed to examine whether the measures provided by national legal systems have been conditioned by their constitutional traditions and whether or not these guarantees have evolved as a result of the promotion of the rule of law at the European level. A study of some of the documents drawn up at the supranational level to protect the independence of the judiciary reveals a set of criteria that are intertwined in a single weave with those outlined in the case law of the European Cou…