@article{199964,
      recid = {199964},
      author = {Neudorf, Lorne,},
      title = {The Dynamics of Judicial Independence : A Comparative  Study of Courts in Malaysia and Pakistan /},
      abstract = {This 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.},
      url = {http://lawcat.berkeley.edu/record/199964},
      doi = {https://doi.org/10.1007/978-3-319-49884-3},
      isbn = {9783319498843},
}