Tag: judicial independence
-
Abusive Judicial Activism and Judicial Independence in Brazil
—Juliano Zaiden Benvindo, University of Brasília When delivering his speech at the Brazilian Supreme Court on December 5 on “Public Ethics and Democracy,” Michael Sandel, Professor at Harvard University, could not foresee what was about to happen that very day just some floors above the conference room.
-
Where do Justice Ginsburg and Justice Hale—and Judicial Independence—Go from Here?
—Brian Christopher Jones, Liverpool Hope University Both of these influential and widely respected justices have recently tested the limits of judicial speech through provocative and ill-timed statements.[1] Back in July, Justice Ginsburg exclaimed, “I can’t imagine what the country would be—with Donald Trump as our president”, then called Trump a “faker”, and even suggested that she…
-
Attacks on Courts: Taking Wider Lessons from Recent Irish Supreme Court Revelations
—Tom Gerald Daly, Associate Director, Edinburgh Centre for Constitutional Law The past week has seen the launch of an unprecedented book detailing the inner workings of the Supreme Court of Ireland, which provides potentially useful general insights into how courts deal with political attacks.[1]
-
The Unconstitutional Constitutional Amendment Doctrine and the Reform of the Judiciary in Colombia
—Mario Cajas Sarria, Icesi University, Colombia In the past few months, the Colombian Constitutional Court surprised the government, citizens, and legal scholars by issuing two decisions which struck down two bodies created by legislative act 1 of 2015, a constitutional reform that aimed at a broad constitutional overhaul of the separation of powers.
-
Resetting the Turkish Judiciary
—Tarik Olcay, University of Glasgow The Ministry of Justice introduced a bill to Parliament on June 13,[1] which mainly restructures the administrative and civil supreme courts in Turkey. The “Bill on Amendments to the Law of the Council of State and Other Laws” (Danıştay Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun Tasarısı),[2] purports to…
-
President Macri and Judicial Independence on the Argentine Supreme Court
—Andrés del Río, Federal Fluminense University (UFF), Brazil During the presidential election campaign of 2015, Mauricio Macri, leader of the then-opposition Republican Proposal Party (PRO), included in his platform his commitment to “strengthen the rule of law, strictly respecting the division of powers, the independence of justice and the constitutional principles and guarantees, together with…
-
Judicial Supremacy, not Independence, Upheld in NJAC Judgment
—Rehan Abeyratne, Jindal Global Law School Last week, the Supreme Court of India issued a landmark judgment holding the National Judicial Appointments Commission (NJAC) unconstitutional. As Chintan Chandrachud has explained in detail on I-CONnect, the Court held that the NJAC violated the Indian Constitution’s “basic structure” by restricting the independence of the judiciary.
-
Collaboration, Not Confrontation: The Indian Supreme Court on Judicial Appointments
—Chintan Chandrachud, PhD Candidate at the University of Cambridge and LLM Candidate at Yale Law School Today, a five-judge bench of the Indian Supreme Court decided amongst the most significant constitutional cases in its recent history – one that had prompted a moratorium on judicial appointments to the Supreme Court and the twenty-four High Courts.
-
How Far Out of Step is the Supreme Court of the United States?
—Brian Christopher Jones, Liverpool Hope University The short answer to the question posed in the title of this piece is: very. This post focuses on three things, some of which Erwin Chemerinsky covered in his recently published monograph, The Case Against the Supreme Court, and also that I focused on in my book review of that…
-
A Brewing Supreme Court Nomination Crisis in Brazil?
–Vanice Regina Lírio do Valle, Estácio de Sá University This past February 26th, the Brazilian Supreme Court was unable to rule in a relevant lawsuit: the votes were tied, which made the absence of the eleventh Justice an insuperable obstacle to come to a decision.