The global expansion in judicial power has led to a growing interest in the way judges are chosen. Reform of the judicial selection process is on the political agenda in many countries but the nature of that process differs according to the type of process used - whether a career judiciary, an elected judiciary (direct and indirect), appointment by the executive, or a hybrid system.The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia. The contributors seek to assess the strengths and weaknesses of structural and procedural reforms being proposed or implemented. Particularly important issues include the growing pressure to rethink the balance between judicial independence and accountability and the growing recognition of the importance of selecting judiciaries with a greater diversity in composition. Edited by Kate Malleson and Peter H. Russell, the volume marks the first time an analysis of judicial selection in such a wide range of different systems has been undertaken. It will interest anyone concerned with the global shift of political power toward the judiciary. Contributors:Jim AllenSufian Hemed BukururaLeny De GrootFrancois du BoisAntoine GaraponMahmoud HamadElizabeth HandsleyColin HawesChristine LandfriedRuth MackenzieKate MallesonDerek MatyszakvTed MortonDavid O'BrienAlan PatersonMarie ProvinePeter H. RussellEli SalzbergerPhillipe SandsMichael TolleyAlexei TrochevMary Volcansek

Product Description: A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius – a land of no one – when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization...read more

Constitutional Odyssey is an account of the politics of making and changing Canada's constitution from Confederation to the present day. Peter H. Russell frames his analysis around two contrasting constitutional philosophies – Edmund Burke's conception of the constitution as a set of laws and practices incrementally adapting to changing needs and societal differences, and John Locke's ideal of a Constitution as a single document expressing the will of a sovereign people as to how they are to be governed.The first and second editions of Constitutional Odyssey, published in 1992 and 1993 respectively, received wide-ranging praise for their ability to inform the public debate. This third edition continues in that tradition. Russell adds a new preface, and a new chapter on constitutional politics since the defeat of the Charlottetown Accord in 1993. He also looks at the 1995 Quebec Referendum and its fallout, the federal Clarity Act, Quebec's Self-Determination Act, the Agreement on Internal Trade, the Social Union Framework Agreement and the Council of the Federation, progress in Aboriginal self-determination such as Nunavut and the Nisga'a Agreement, and the movement to reduce the democratic deficit in parliamentary government.Comprehensive and eminently readable, Constitutional Odyssey is as important as ever.

Product Description: The controversy raises challenging questions about the role of a powerful judiciary in a democracy. In Judicial Power and Canadian Democracy, a series of essays commissioned by the Institute for Research on Public Policy, some of Canada's foremost commentators - academics, politicians, and Supreme Court judges themselves - take up the debate...read more

This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework. (view table of contents)

Product Description: This collection of essays pays tribute to the manifold career of Peter Russell, a political scientist and an energetic participant in constitutional debate. Based on the proceedings of a conference held in 1996, the book is divided into five parts: Constitutional Politics, Aboriginal Peoples, Security and Intelligence, Law and Society and the Courts...read more (view table of contents, read Amazon.com's description)

Product Description: Does 'Left of Centre' Necessarily Mean Political Marginalisation? It began to seem so with the steady rise of the Right over the past 25 years. Recently, however, there has been a turnaround. Over the last two years, social democratic parties have been elected to government in Britain, France, and Germany...read more (view table of contents, read Amazon.com's description)

Product Description: This provocative book analyzes why individuals in pluralist democracies disagree collectively about the rights and values they agree on individually. Based on interviews with thousands of citizens and political decision-makers in Canada, The Clash of Rights explores the politics of a wide array of issues-from government wiretapping to antihate legislation-and challenges some of our most commonly held assumptions about democratic politics...read more

Product Description: This extensive revision of the landmark Leading Constitutional Decisions brings together recent Charter cases with the classical cases on the Canadian Constitution. An introductory essay traces the evolution and distinctive features of judicial review in Canada and includes references to the Constitution Act, 1982, and the important changes resulting from it...read more

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