On judicial and quasi-judicial independence / editors Prof. Suzanne Comtois, Dr. Kars J. de Graaf.
2013
K3367 .O5 2013 (Map It)
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Details
Title
On judicial and quasi-judicial independence / editors Prof. Suzanne Comtois, Dr. Kars J. de Graaf.
Published
Den Haag : Boom Juridische Uitgevers, 2013.
Call Number
K3367 .O5 2013
ISBN
9789462360945
9462360944
9789460948626 (e-book)
9460948626 (e-book)
9462360944
9789460948626 (e-book)
9460948626 (e-book)
Description
219 pages ; 24 cm.
System Control No.
(OCoLC)858802319
Summary
This volume of the Netherlands Institute for Law and Governance series is the result of an international conference on the theme 'Judicial and Quasi-Judicial Independence' held on 25 May 2012 in Groningen, the Netherlands. It is the objective of this book, as of the conference that preceded it, to bring together eminent judges and scholars, from various jurisdictions to reflect on the fundamental principles of judicial and quasi-judicial independence, to help clarify the concepts and to discuss the threats and challenges that call for different safeguards or solutions.
Note
"Eleven International Publishing"--Cover.
"This issue of the Netherlands Institute for Law and Governance series is the result of an international conference on the theme 'Judicial and Quasi-Judicial Independence' held on 25 May 2012 in Groningen, the Netherlands"--Page 5.
This volume of the Netherlands Institute for Law and Governance series is the result of an international conference on the theme 'Judicial and Quasi-Judicial Independence' held on 25 May 2012 in Groningen, the Netherlands. It is the objective of this book, as of the conference that preceded it, to bring together eminent judges and scholars, from various jurisdictions to reflect on the fundamental principles of judicial and quasi-judicial independence, to help clarify the concepts and to discuss the threats and challenges that call for different safeguards or solutions.
"This issue of the Netherlands Institute for Law and Governance series is the result of an international conference on the theme 'Judicial and Quasi-Judicial Independence' held on 25 May 2012 in Groningen, the Netherlands"--Page 5.
This volume of the Netherlands Institute for Law and Governance series is the result of an international conference on the theme 'Judicial and Quasi-Judicial Independence' held on 25 May 2012 in Groningen, the Netherlands. It is the objective of this book, as of the conference that preceded it, to bring together eminent judges and scholars, from various jurisdictions to reflect on the fundamental principles of judicial and quasi-judicial independence, to help clarify the concepts and to discuss the threats and challenges that call for different safeguards or solutions.
Bibliography, etc. Note
Includes bibliographical references.
Series
Record Appears in
Table of Contents
Introduction
17
On Judicial and Quasi-Judicial Independence: Introductory Remarks / Suzanne Comtois
19
1.
Independence and the Rule of Law
20
2.
Independence and Accountability of Judges and Adjudicators
22
3.
Independence of Regulatory Agencies, Supervisory and Enforcement Authorities
23
4.
Independence of Advisory and Complaint Committees and Final Dispute Resolution by Administrative Courts
26
I.
Independence and the Rule of Law
29
Effective Protection of the Independence of the Judiciary in France / Guy Canivet
31
1.
Introduction
31
2.
The French Context of Judicial Independence
32
3.
The effectiveness of the principle of independence in the French legal model
39
4.
Conclusion
45
The Coming of Age of Review of Administrative Action in the Netherlands: A Battle of Effectiveness and the Rule of Law / Willem Konijnenbelt
47
1.
Effectiveness and the Rule of Law
47
2.
Until the Middle of the XIXth Century
47
3.
The Rise of Administrative Review
48
4.
End of the 19th, Century: Judicial Review, the Exception
49
5.
After the Second World War --- 1976: `Arob', Decline of Administrative Review
50
6.
Fall of Administrative Review by the Crown
51
7.
1994: The General Administrative Law Act
51
8.
Effectiveness and the Rule of Law Revisited
52
The Function of Judicial Independence in Modern Legal Systems: Preserving the Boundaries of Law / Martine Valois
57
1.
Introduction
57
2.
Systems Theory Applied to Law
59
3.
The Courts in Differentiated Societies
62
4.
Judicial Independence versus Judicial Responsibility
64
5.
Conclusion
67
`Markers' vs. `Makers': Are Constitutional Courts Legal or Political Actors? / Mauro Zamboni
69
1.
Introduction
69
2.
Some Definitions
71
3.
The Importance of Judicial Activism by Constitutional Courts
73
4.
`Makers' vs. `Markers': Constitutional Courts as `in-the-middle' Actors
74
5.
Why Is A Definition, either Legal or Political, So Important For Constitutional Courts?
79
6.
A Possible Legal Theoretical Solution
84
7.
Constitutional Courts as Legal Actors and The Idea of Democracy
89
8.
Towards A More `Democratic' Model of Constitutional Court
95
9.
Conclusion
98
II.
Independence and Accountability of Judges and Adjudicators
101
Adjudicative Independence: Canadian Perspectives / John Evans
103
1.
Introduction
103
2.
The Constitutional Framework
105
3.
Three Current Pressure Points
110
4.
Conclusion
119
Judges and the Executive in Britain: An Unequal Partnership? / Robert Hazell
121
1.
Introduction
121
2.
The `old' Lord Chancellor
122
3.
Greater Separation of Powers in 2005
122
4.
Division of Powers between the Executive and the Judiciary
124
5.
Complaints and Discipline
125
6.
Judicial Appointments Commission
125
7.
Management of the Courts Service
126
8.
The Executive Works to Uphold Judicial Independence
127
9.
The Executive Helps to Ensure the Accountability of the Judiciary
129
10.
Have the Judges Become More Powerful? In what Respects?
131
11.
Conclusion
135
III.
Independence of Regulatory Agencies, Supervisory and Enforcement Authorities
137
The Different Levels of Protection of National Supervisors' Independence in the European Landscape / Annetje Ottow
139
1.
Restricting the Principle of Autonomy
139
2.
National Supervisors' Independence: the Rationale
140
3.
Central Question
143
4.
Case 1: Dutch Gas Case
143
5.
Case 2: German Telecommunications Case
147
6.
Case 3: Dutch Television Case
149
7.
Case 4: French Government Commissioner of Autonomous Administrative Authorities
151
8.
Case 5: Hungarian Media Case
152
9.
Conclusion: Three Levels of Protection
154
Regulatory Enforcement in the Netherlands: Struggling with Independence / Heinrich Winter
157
1.
Introduction
157
2.
The Debate on (In)dependency: Three Motives
157
3.
Independence and the State of the Art in the Netherlands
160
4.
The Official Policy on Independence and the Degree of Independence Needed
163
5.
How to Safeguard Independence?
165
6.
Conclusions: Independence in Perspective
166
A Call for Independent Environmental Law Enforcement / Gustaaf Biezeveld
167
1.
Introduction
167
2.
Features of Environmental Supervision in the Netherlands
168
3.
Standards for Economic Supervision
170
4.
Environmental Supervision in Practice
172
5.
Towards Independent Environmental Supervision in the Netherlands
173
6.
Closing Remarks
175
IV.
Independence of Advisory and Complaint Committees and Final Dispute Resolution by Administrative Courts
177
Advisory Objection Procedures in the Netherlands: A Case Study on their Usefulness in Dutch Competition Law / Annalies Outhuijse
179
1.
Introduction
179
2.
The Objection Procedure in the GALA
180
3.
The Advisory Committee on Competition Act Objections
183
4.
The Reasons Given in the Bill for Abolishing the Objection Procedure in Relation to ACM Decisions Imposing Fines
186
5.
Conclusion
192
Advisory Committees on Damage Compensation in Zoning and Infrastructural Planning: A Quest for Independence / Dick Lubach
195
1.
Introduction
195
2.
Development of Damage Compensation in Spatial Planning Law and the Position of Advisory Committees
195
3.
Why an External Advice?
196
4.
The Nature of Decision-Making on Damage Compensation Claims and the Need for Independence
198
5.
Practices Menacing the Independency of the Advisory Committee (?)
200
6.
Summary and Conclusions
203
Final Dispute Resolution by Dutch Administrative Courts: Slippery Slope and Efficient Remedy / Albert Marseille
205
1.
Introduction
205
2.
The Powers of the Court to Bring about Final Dispute Resolution
206
3.
Empirical Data: the Use of the Powers to Bring about Final Dispute Resolution
208
4.
The Increased Use Explained and Analysed
212
5.
Final Remarks
217
Previously published in the Governance & Recht series
219