Fighting for Justice

Common Law and Civil Law Judges: Threats and Challenges

Editor(s) Elizabeth Gibson-Morgan

Language: English

Series: International Law

  • June 2021 · 272 pages ·216x138mm

  • · Hardback - 9781786837462
  • · eBook - pdf - 9781786837479
  • · eBook - epub - 9781786837486

This is a time when the rule of law is seriously challenged. Some governments threaten deliberately to break the law, while the independence of justice is jeopardised by unrelenting pressure from both the executive and the media. This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries. It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practice of the law. Far from being a highly technical debate between experts, however, the book is accessible to students and the general public and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.

List of Abbreviations
Introduction: Judges' common threats and challenges, Elizabeth Gibson-Morgan
Part One: Judicial Independence
Chapter             One: Reflections on judges in civil law and common law countries, Lord Judge
Chapter             Two: A Customary State of Punishment; Judicial Sentencing in England and Wales, Victor Bailey
Chapter             Three: National perceptions of Judges and Lawyers in the UK, Matthias Kelly
Chapter             Four: Judicial independence in Spain, Ana Maria Neira-Pena and David Soto Diaz
Part Two: Judicial Diversity
Chapter             Five: Diversity and Judicial Independence in Denmark, Peter Gjortler
Chapter             Six: Diversity and Judicial Independence in Quebec and Canada, Michel Morin
Part Three: Access to Justice
Chapter             Seven: Judging access to justice: the case of the United Kingdom and France, Geraldine Gadbin-George
Chapter             Eight: Demystifying the laws and the work of judges in Wales, Milwyn Jarman
Part Four: Judicial training reform
Chapter             Nine: The status and influence of judges of France and of common law jurisdictions: Recruitment, training and reform, Winston Roddick
Chapter             Ten: The Declaration of Judicial Training Principles: Judicial Training 'as part of the judicial role', Benoit Chamouard
Conclusion: Elizabeth Gibson-Morgan
Bibliography
Index

Author(s): Elizabeth Gibson-Morgan

Elizabeth Gibson-Morgan is Professor in Law and Languages at the University of Poitiers and at the Bordeaux Law School. She is a Visiting Senior Research Fellow at King’s College, London.

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