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The Independence and Interdependence of Judges

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Chapter 5 analyses the independence and impartiality of Europe’s judge; but it does so under the heading ‘independence within interdependence’. By doing so, it brings out the various ways in which the judges of Europe refer to each other and endeavour to learn from each other’s jurisprudence. The chapter sets out this dual quality of independence and interdependence by, first, analysing the development of constitutional adjudication in Europe; then, second, the evolution of reinforcement of judicial control with the executive; thirdly, it looks at the right to an effective remedy before an independent and impartial tribunal—in relation to all these developments the chapter sets out and analyses the co-operation and dialogue which is taking place between the courts of Europe.
Title: The Independence and Interdependence of Judges
Description:
Chapter 5 analyses the independence and impartiality of Europe’s judge; but it does so under the heading ‘independence within interdependence’.
By doing so, it brings out the various ways in which the judges of Europe refer to each other and endeavour to learn from each other’s jurisprudence.
The chapter sets out this dual quality of independence and interdependence by, first, analysing the development of constitutional adjudication in Europe; then, second, the evolution of reinforcement of judicial control with the executive; thirdly, it looks at the right to an effective remedy before an independent and impartial tribunal—in relation to all these developments the chapter sets out and analyses the co-operation and dialogue which is taking place between the courts of Europe.

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