國立高雄大學圖資館 |

語系: 繁體中文

說明(常見問題)

圖資館首頁

登入

回首頁

切換: 標籤 | MARC模式 | ISBD

The dynamics of judicial independenc...

Neudorf, Lorne.

The dynamics of judicial independencea comparative study of courts in Malaysia and Pakistan /

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	The dynamics of judicial independenceby Lorne Neudorf.
其他題名:	a comparative study of courts in Malaysia and Pakistan /
作者:	Neudorf, Lorne.
出版者:	Cham :Springer International Publishing :2017.
面頁冊數:	xiv, 251 p. :ill., digital ;24 cm.
Contained By:	Springer eBooks
標題:	Judicial independenceMalaysia.
電子資源:	http://dx.doi.org/10.1007/978-3-319-49884-3
ISBN:	9783319498843$q(electronic bk.)

The dynamics of judicial independencea comparative study of courts in Malaysia and Pakistan /
Neudorf, Lorne.

The dynamics of judicial independencea comparative study of courts in Malaysia and Pakistan /[electronic resource] :by Lorne Neudorf. - Cham :Springer International Publishing :2017. - xiv, 251 p. :ill., digital ;24 cm.

1. The Problem of Judicial Independence -- 2. Judicial Independence in Malaysia -- 3. Judicial Independence in Pakistan -- 4. Conclusion.

This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving 'true judicial independence' as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the 'pragmatic and context-sensitive theory', which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

ISBN: 9783319498843$q(electronic bk.)

Standard No.: 10.1007/978-3-319-49884-3doiSubjects--Topical Terms:

774181
Judicial independence
--Malaysia.

LC Class. No.: K3367

Dewey Class. No.: 347.012

The dynamics of judicial independencea comparative study of courts in Malaysia and Pakistan /
LDR:03364nmm a2200325 a 4500 001 507501
003 DE-He213
005 20170825150232.0
006 m d
007 cr nn 008maaau
008 171030s2017 gw s 0 eng d
020 $a 9783319498843$q(electronic bk.)
020 $a 9783319498836$q(paper)
024 7 $a 10.1007/978-3-319-49884-3 $2 doi
035 $a 978-3-319-49884-3
040 $a GP $c GP
041 0 $a eng
050 4 $a K3367
072 7 $a LAB $2 bicssc
072 7 $a LAW079000 $2 bisacsh
072 7 $a PHI021000 $2 bisacsh
082 0 4 $a 347.012 $2 23
090 $a K3367 $b .N479 2017
100 1 $a Neudorf, Lorne. $3 774180
245 1 4 $a The dynamics of judicial independence $h [electronic resource] : $b a comparative study of courts in Malaysia and Pakistan / $c by Lorne Neudorf.
260 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2017.
300 $a xiv, 251 p. : $b ill., digital ; $c 24 cm.
505 0 $a 1. The Problem of Judicial Independence -- 2. Judicial Independence in Malaysia -- 3. Judicial Independence in Pakistan -- 4. Conclusion.
520 $a This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving 'true judicial independence' as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the 'pragmatic and context-sensitive theory', which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.
650 0 $a Judicial independence $z Malaysia. $3 774181
650 0 $a Judicial independence $z Pakistan. $3 774182
650 0 $a Comparative law. $3 183150
650 1 4 $a Law. $3 207600
650 2 4 $a Theories of Law, Philosophy of Law, Legal History. $3 557741
650 2 4 $a Private International Law, International & Foreign Law, Comparative Law. $3 530877
650 2 4 $a Legal History. $3 758596
650 2 4 $a Criminology and Criminal Justice, general. $3 758192
650 2 4 $a Dispute Resolution, Mediation, Arbitration. $3 558745
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer eBooks
856 4 0 $u http://dx.doi.org/10.1007/978-3-319-49884-3
950 $a Law and Criminology (Springer-41177)