- Subject index
Concerned that scholars in various disciplines were talking past each other and that policy debates concerning judicial independence were impoverished, the editors convened a conference of scholars from the disciplines of law, political science, history, economics and sociology. Judicial Independence at the Crossroads: An Interdisciplinary Approach is a collection of essays reflecting the disciplinary perspectives of the authors and the shared understanding that emerged from the conference.
Chapter 10: Declarations of Independence: Judicial Reactions to Political Pressure
Declarations of Independence: Judicial Reactions to Political Pressure
What does it mean for a judge to be independent? This chapter will address that question in two stages. First, I will look at the paradigmatic case in which judges have been deemed not to be independent—that is, when judges receive instruction in the specific case—and I will contrast it with the case when judges are generally thought to be behaving appropriately—that is, when they are following the rules laid down in the law. I will argue that the two are less different than they look, if judges take a basically positivist attitude toward law. If judges are under pressure to decide a particular case in a particular way, ...