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Trends in the Judiciary: Interviews with Judges Across the Globe, Volume Two PDF

358 Pages·2014·4.326 MB·English
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FORENSICS & CRIMINAL JUSTICE L Interviews with Global Leaders in Policing, Courts, and Prisons Series o w Volume Two e • D a Trends in the s Volume Two Edited by David Lowe Judiciar y T Dilip K. Das r e n Interviews with Judges Across the Globe d s The term judicial opinion can be a misnomer as rarely are judges’ true feelings on legal i n issues and the work they do made available to the public. Judges are constrained when writing decisions to follow the law and leave personal commentary aside. Through a t series of revealing interviews, this book gathers empirical data from judges and justices h from different legal systems to provide a scintillating look at how they view their jobs e and cope with difficult legal matters. J u Interviews are conducted according to strict guidelines with a standardized format for consistency. Each chapter begins by describing the region and its style of judicial d governance. This is followed by an interview with a judge or justice in the particular i Trends in the jurisdiction. They discuss their careers, personal judicial philosophies, the problems and c successes they’ve experienced, and how theory influences practice in their jurisdiction. Many also discuss transnational relations and several chapters include glossaries that i a explain unfamiliar terms and acronyms. Each chapter concludes with the interviewer’s Judiciar y assessment and observations. This structure allows readers to easily compare the views r of judges and to see the similarities, the differences, and the uniqueness of the different y legal models and systems. Trends in the Judiciary: Interviews with Judges Across the Globe, Volume Two is the seventh publication in the Interviews with Global Leaders in Policing, Courts, and Prisons series. The broad-based coverage of varying viewpoints in this text encourages a Volume Interviews with Judges Across the Globe Two great breadth of understanding of global justice. International Police Executive Symposium Co-Publication K22150 International Police Executive Symposium Co-Publication 6000 Broken Sound Parkway, NW Suite 300, Boca Raton, FL 33487 711 Third Avenue New York, NY 10017 an informa business 2 Park Square, Milton Park www.crcpress.com Abingdon, Oxon OX14 4RN, UK www.crcpress.com K22150_cover.indd 1 10/31/14 11:59 AM Volume Two Trends in the Judiciary Interviews with Judges Across the Globe Interviews with Global Leaders in Policing, Courts, and Prisons Series International Police Executive Symposium Co-Publications Dilip K. Das, Founding President-IPES PUBLISHED Trends in the Judiciary: Interviews with Judges Across the Globe, Volume One By Dilip K. Das and Cliff Roberson with Michael Berlin, ISBN: 978-1-4200-9978-2 Trends in Policing: Interviews with Police Leaders Across the Globe, Volume Four By Bruce F. Baker and Dilip K. Das, ISBN: 978-1-4398-8073-9 Trends in Policing: Interviews with Police Leaders Across the Globe, Volume Three By Otwin Marenin and Dilip K. Das, ISBN: 978-1-4398-1924-1 Trends in Policing: Interviews with Police Leaders Across the Globe By Dilip K. Das and Otwin Marenin, ISBN: 978-1-4200-7520-5 Trends in Corrections: Interviews with Corrections Leaders Around the World By Jennie K. Singer, Dilip K. Das, and Eileen Ahlin, ISBN: 978-1-4398-3578-4 Trends in Corrections: Interviews with Corrections Leaders Around the World, Volume Two By Martha Henderson Hurley and Dilip K. Das, ISBN: 978-1-4665-9156-1 Trends in the Judiciary: Interviews with Judges Across the Globe, Volume Two by David Lowe and Dilip K. Das, ISBN: 978-1-4822-1916-6 FORTHCOMING Trends in Policing: Interviews with Police Leaders Across the Globe, Volume Five By Bruce K. Baker and Dilip K. Das, ISBN: 978-1-4822-2449-8 Volume Two Trends in the Judiciar y Interviews with Judges Across the Globe David Lowe, Ph.D. Liverpool John Moores University School of Law, UK Dilip K. Das, Ph.D. Founding President, International Police Executive Symposium, IPES Founding Editor-in-Chief, Police Practice and Research: An International Journal, PPR With Assistance from Michael M. Berlin, J.D., Ph.D. Coppin State University, Baltimore, Maryland, USA International Police Executive Symposium Co-Publication Boca Raton London New York CRC Press is an imprint of the Taylor & Francis Group, an informa business CRC Press Taylor & Francis Group 6000 Broken Sound Parkway NW, Suite 300 Boca Raton, FL 33487-2742 © 2015 by Taylor & Francis Group, LLC CRC Press is an imprint of Taylor & Francis Group, an Informa business No claim to original U.S. Government works Version Date: 20140728 International Standard Book Number-13: 978-1-4822-1919-7 (eBook - PDF) This book contains information obtained from authentic and highly regarded sources. Reasonable efforts have been made to publish reliable data and information, but the author and publisher cannot assume responsibility for the validity of all materials or the consequences of their use. The authors and publishers have attempted to trace the copyright holders of all material reproduced in this publication and apologize to copyright holders if permission to publish in this form has not been obtained. If any copyright material has not been acknowledged please write and let us know so we may rectify in any future reprint. Except as permitted under U.S. Copyright Law, no part of this book may be reprinted, reproduced, transmitted, or utilized in any form by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying, microfilming, and recording, or in any information stor- age or retrieval system, without written permission from the publishers. For permission to photocopy or use material electronically from this work, please access www.copy- right.com (http://www.copyright.com/) or contact the Copyright Clearance Center, Inc. (CCC), 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400. CCC is a not-for-profit organization that pro- vides licenses and registration for a variety of users. For organizations that have been granted a photo- copy license by the CCC, a separate system of payment has been arranged. Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Visit the Taylor & Francis Web site at http://www.taylorandfrancis.com and the CRC Press Web site at http://www.crcpress.com This book is dedicated to the memory of Austin Turk, an excellent scholar, an editor of IPES/CRC Press publications, and an inspiration. Contents IPES Preface xi Foreword xv Acknowledgments xvii Editors xix Contributors xxi Introduction xxvii Section I GHANA: LEGAL SYSTEM GERALD DAPAAH GYAMFI AND BRIAN S. AKRONG 1 Anin-Yeboah, Ghana Supreme Court 7 GERALD DAPAAH GYAMFI AND BRIANS. AKRONG Section II NIGERIA: LEGAL SYSTEM OF THE EBONYI STATE OKO ELECHI AND SMART E. OTU 2 Eze Udu, Ebonyi State Court 25 OKO ELECHI AND SMART E. OTU Section III AUSTRALIA: LEGAL SYSTEM JANE GOODMAN-DELAHUNTY, TRACEY GREEN AND IDA NGUYEN vii viii Contents 3 Duncan Chappell, Federal Administrative Appeals Tribunal 43 TRACEY GREEN 4 James Woods AO QC, New South Wales Supreme Court 57 JANE GOODMAN-DELAHUNTY Section IV HONG KONG: LEGAL SYSTEM ALISON LUI 5 Michael Lunn, Court of Appeal 77 ALISON LUI Section V NEW ZEALAND: LEGAL SYSTEM EMMA DAVIES 6 Mick Brown, District Court 95 EMMA DAVIES Section VI SERBIA: LEGAL SYSTEM BRANISLAV SIMONOVIĆ 7 Dragomir Milojević, President of the Serbian Supreme Court 113 BRANISLAV SIMONOVIĆ

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