List of Contributors

ix

Foreword

xi

pt. I

Judicial Independence and Its Relationship with the Legislative and Executive Powers

1.

The Independence of Courts and Judges and Their Relationship with the Other Branches of Government / Tore Schei

3

2.

Independent Courts: A Danish Supreme Court Perspective / Børge Dahl

19

3.

Requirements Concerning the Independence of the Judiciary According to Norwegian and International Law / Jørgen Aall

27

4.

On the Origins of Judicial Independence / Eirik Holmøyvik

45

5.

The Independence of Judges / Lord Jonathan Mance

55

6.

Judicial Independence and the Appointment of Judges in Norway / Arne Fliflet

65

pt. II

Judicial Independence and Management of the Judiciary

7.

Court Management and Professional Integrity: A Swedish Judicial Dilemma / Olof Wilske

75

pt. III

Judicial Independence in an International Perspective

8.

Judicial Independence in the Outskirts of Europe / Nils A. Engstad

89

9.

The Independence of Judges - and the Judiciary - as Seen from Venice / Jan Erik Helgesen

105

10.

Judicial Independence in Europe: Principles and Reality / Julia Laffranque

127

11.

Establishment of an Independent and Accountable Judiciary in Countries in Transition: Bosnia and Herzegovina as a Case Study / Sven Marius Urke

149

12.

The Independence of Judges and Confidence in the Courts in the Russian Federation / Marianne Nergaard Magnus

165

pt. IV

Judicial Independence in International Courts

13.

The Independence of International Judges / Erik Møse

187

pt. V

Judicial Independence from the Point of View of Lawyers and Public Prosecutors

14.

A Speech from a Lawyer in Practice: The Independence of the Judiciary and the Independence of the Legal Profession - Dependent on Each Other / Berit Reiss-Andersen

209

15.

"Not [...] the Independence of a Judge": Reflections on the Position of the Norwegian Prosecuting Authority as Compared to That of the Courts, and Remarks on International Standards for the Activities of the Prosecuting Authority / Knut H. Kallerud

215

pt. VI

Judicial Independence from the Point of View of the Social Sciences

16.

Judicial Power and Legal Revolution / Øyvind Østerud

233

17.

The European Court of Human Rights and the Norwegian Supreme Court: Independence and Democratic Control / Andreas Føllesdal

247

18.

The Social Importance of Courts and Judges / Anders Ryssdal

261

pt. VII

Judicial Independence and the Multicultural Society

19.

The Neutrality and Impartiality of Judges in a Multicultural Society / Katja Jansen Fredriksen

275

20.

Judicial Independence and the Rights of Indigenous Peoples / Susann Funderud Skogvang

293

pt. VIII

Judicial Independence in a Philosophical/Ethical Perspective

21.

Judicial Independence and Judicial Responsibility / Hans Fetter Graver

309

pt. IX

Judicial Independence and Its Relationship with the Media

22.

Independent Judges and Their Relationship with the Media / Ragna Aarli

327