Marsh Luke (Associate Professor Associate Professor Faculty Of Law The Chinese University Of Hong Kong)
Marsh Luke (Associate Professor Associate Professor Faculty Of Law The Chinese University Of Hong Kong) - The Myth Of Judicial Independence - Hardcover
Marsh Luke (Associate Professor Associate Professor Faculty Of Law The Chinese University Of Hong Kong) - The Myth Of Judicial Independence - Hardcover
Books
Regular price
$146.26 USD
Regular price
Sale price
$146.26 USD
Unit price
per
Shipping calculated at checkout.
Couldn't load pickup availability
Binding: Hardcover
Description: Through an examination of the history of the rules that regulate police interrogation (the Judges Rules) in conjunction with plea bargaining and the Criminal Procedure Rules this book explores the Westminster Model under which three arms of the State (parliament the executive and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law including an adversarial process and trial by jury and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.
Title: The Myth Of Judicial Independence
Author(s): Marsh Luke (Associate Professor Associate Professor Faculty Of Law The Chinese University Of Hong Kong)
Publisher: Oxford University Press
Barcode: 9780198822103
Pages: 336 Pages
Publication Date: 8/29/2020
Category: Criminal Law & Procedure
Description: Through an examination of the history of the rules that regulate police interrogation (the Judges Rules) in conjunction with plea bargaining and the Criminal Procedure Rules this book explores the Westminster Model under which three arms of the State (parliament the executive and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law including an adversarial process and trial by jury and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.
Title: The Myth Of Judicial Independence
Author(s): Marsh Luke (Associate Professor Associate Professor Faculty Of Law The Chinese University Of Hong Kong)
Publisher: Oxford University Press
Barcode: 9780198822103
Pages: 336 Pages
Publication Date: 8/29/2020
Category: Criminal Law & Procedure
