By John Bell
An in-depth learn of the careers and roles of judges in France, Germany, Spain, Sweden and England, this publication is predicated on unique language fabrics and investigations of judges and judicial associations in each one kingdom. at the foundation of those distinct case reports, the e-book indicates components that form the nature of the judiciary in numerous international locations, targeting matters reminiscent of women's careers and the connection among judicial careers and politics. Bell's investigations provide classes on matters which the English judiciary is having to confront in its present interval of reform.
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Example text
46 On an election by proportional representation, the different judges’ views are reflected. Such judicial associations are even more active when the judges council (or Courts Administration Agency) has an important role in allocating resources, as in Spain. Here priorities for justice are a legitimate subject for debate, and disagreement among the judges and different conceptions of justice are reflected in the different orientations of associations. In Sweden and Germany, where politicians have a stronger role, these judges associations exist but are less markedly political.
69 The idea of ‘the welfare of the child’ is but one example of where we prefer to focus on the particular, rather than simply try to create a rule that will be unduly rigid or complex. The different forms of creativity exist in all legal systems, but different branches of the law have different degrees of creativity. Legal systems also vary in their attitude towards creativity, and how comfortable they are with the power that this involves. This work is not able to cover all these aspects of creativity in its analysis of the judicial role.
Philip in T. S. Renoux, Les Conseils supérieurs de la magistrature en Europe (Paris 1999), 61. French Legal Cultures, 21--2. 30 judiciaries within europe performance of judges will be strongly affected by the operational context in which the judges have to work. This context is composed of a number of elements, but it is worth highlighting perhaps three: the material conditions, the workload, and the interactions with legal and non-legal actors. The character of the judicial role depends heavily on where tasks fall along the spectrum from routine to scope for individual imagination and initiative.