000			04571nam a22006135i 4500
001			u1420288
005			20211226174248.0
007			cr nn 008mamaa
008			170223s2017 gw | s |||| 0|eng d
020			_a9783319498843 _9978-3-319-49884-3
024	7		_a10.1007/978-3-319-49884-3 _2doi
050		4	_aB65
050		4	_aK140-165
050		4	_aK201-487
072		7	_aLAB _2bicssc
072		7	_aLAW079000 _2bisacsh
072		7	_aPHI021000 _2bisacsh
082	0	4	_a340.1 _223
100	1		_aNeudorf, Lorne. _eauthor.
245	1	4	_aThe Dynamics of Judicial Independence _h[electronic resource] : _bA Comparative Study of Courts in Malaysia and Pakistan / _cby Lorne Neudorf.
264		1	_aCham : _bSpringer International Publishing : _bImprint: Springer, _c2017.
300			_aXIV, 251 p. _bonline resource.
336			_atext _btxt _2rdacontent
337			_acomputer _bc _2rdamedia
338			_aonline resource _bcr _2rdacarrier
347			_atext file _bPDF _2rda
505	0		_a1. The Problem of Judicial Independence -- 2. Judicial Independence in Malaysia -- 3. Judicial Independence in Pakistan -- 4. Conclusion.
520			_aThis 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	_aLaw.
650		0	_aLaw _xHistory.
650		0	_aLaw _xPhilosophy.
650		0	_aPrivate international law.
650		0	_aConflict of laws.
650		0	_aInternational law.
650		0	_aComparative law.
650		0	_aMediation.
650		0	_aDispute resolution (Law).
650		0	_aConflict management.
650	1	4	_aLaw.
650	2	4	_aTheories of Law, Philosophy of Law, Legal History.
650	2	4	_aPrivate International Law, International & Foreign Law, Comparative Law.
650	2	4	_aLegal History.
650	2	4	_aCriminology and Criminal Justice, general.
650	2	4	_aDispute Resolution, Mediation, Arbitration.
710	2		_aSpringerLink (Online service)
773	0		_tSpringer eBooks
776	0	8	_iPrinted edition: _z9783319498836
856	4	0	_3e-book _zFull-text access _uhttps://ezproxy.mef.edu.tr/login?url=https://dx.doi.org/10.1007/978-3-319-49884-3
912			_aZDB-2-LCR
942			_2lcc _cEBKS
596			_a5
999			_aK201 -487 _wLC _c24697 _i1420288-1001 _lNATURE _mMEF-EBOOK _rY _sY _tEBOOK _u11/9/2018 _xSATIN _0ENGLISH _1KÜTÜPHANE _2SPR-LAW-CR _d24697
003			KOHA