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Judiciaries in Comparative PerspectiveFrom Cambridge University Press
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An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
- Sales Rank: #3373774 in Books
- Published on: 2011-09-30
- Original language: English
- Number of items: 1
- Dimensions: 8.98" h x 1.30" w x 5.98" l, 2.35 pounds
- Binding: Hardcover
- 624 pages
About the Author
Hoong Phun ('H. P.') Lee holds the Sir John Latham Chair of Law at Monash University and was the Vice-Chairman of the Australian Press Council from 1994 to 2010. He was appointed an Adjunct Professor of Law, City University of Hong Kong in 2009. His areas of teaching and research interests include the judiciary, comparative constitutional law, administrative law and the Malaysian and Singaporean constitutional systems.
Most helpful customer reviews
0 of 0 people found the following review helpful.
illuminating but unbalanced
By Hande Z
This book covers important issues such as the appointment and removal of judges, the public role of the judge, the judge's non-judicial and extra-judicial functions, and the independence and accountability of judges. Eminent jurists including sitting and former judges as well as professors of law contributed to the 26 chapters of this book. Robert French the Chief Justice of Australia's highest court wrote the foreword and explained the relevance and importance of each of the issues. Some of the issues that concern judicial conduct appear innocuous at first glance. For example, the seemingly uncontroversial request in 1955 by the BBC for sitting judges to discuss the lives of past judges in a public educational programme led to the imposition of the Kilmuir Rules (named after the Lord Chancellor who imposed them) in which judges were reminded to remain stoically silent in public outside their work, and to keep a distance from any possible controversy. In Australia, Justice Michael Kirby drew harsh criticism from the Prime Minister for calling for more funding for public schools. The call was made in a commencement ceremony by Justice Kirby.
Discussions on bias and recusal of judges are supplemented in the articles with clear and useful examples. Nonetheless there many interesting points of debate. For example, Professor Colin Campbell disagreed with the view expressed by Justice Gaudron that "the appearance of impartiality is a 'defining feature' of judicial power under Chapter III of the Australian Constitution." Prof Campbell argued that the duty cannot be that high because of the doctrine of waiver in Australia. Judges can hear a case in the event of conflict if they disclose the conflict to the parties and gain their express or implied approval.
The glaring shortcoming of this book, bearing in mind its title, is that the comparative studies did not include any from Asian jurisdictions. India, Malaysia, and Singapore are rich with material. Malaysia saw the removal of their highest ranked judge, Tun Salleh Abbas. There is much material in that episode to cover a chapter or two on the removal of judges, the role and function of the courts, and judicial independence. The comparative studies range from Canada to South Africa, USA, and New Zealand. If the exclusion of Asian contributors was due to the lack of scholarship, this should serve as a reminder to scholars and jurists there to rise to the challenge. If it was an oversight by the editors, it was a glaring one. This is a question only the editor can answer and in the absence of evidence no further comment can be made save that the book is nonetheless useful and enlightening.
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