The Independence of the Judiciary
The View from the Lord Chancellor's Office
Published on 6. March 1997
Book
Paperback/Softback
240 pages
978-0-19-826263-3 (ISBN)
Description
This is the paperback edition of Robert Stevens' popular and widely reviewed book concerned with the independence of the judiciary in England. Using records kept by the Lord Chancellor's office Robert Stevens charts the progress of the concept of judicial independence through the Victorian era and the early twentieth century up to 1963, the most recent year for which records were available to the author.
In reading the book we are reminded that of all our great institutions the judiciary has been subject, in modern times, to perhaps the least scrutiny and reform. Robert Stevens' scholarly and entertaining book explains, with the help of many valuable jurisprudential and social insights why this is so, and in the process offers the reader an unusual and very candid picture of the careers and lives of many of England's best known judges and politicians.
In reading the book we are reminded that of all our great institutions the judiciary has been subject, in modern times, to perhaps the least scrutiny and reform. Robert Stevens' scholarly and entertaining book explains, with the help of many valuable jurisprudential and social insights why this is so, and in the process offers the reader an unusual and very candid picture of the careers and lives of many of England's best known judges and politicians.
Reviews / Votes
'Books In The Media' Saturday 2 January 1999 (pg 10) Fascinating ... all lawyers interested in, or concerned about, the way in which their profession is administered will enjoy the instruction which Professor Stevens is able to provide.'David Pannick, The Times `I could not put it down ... a fascinating glimpse of legal politics ... I commend this book for those interested in the status and power of the Judiciary.'
Robin de Wilde QC, Counsel Full of interest ... full of insight ... the value of Stevens' book is that it illustrates from within the bowels of the executive the kinds of tension which increasingly bedevil any state activity which costs money, and the way constitutional principles become tangled and overgrown by the processes of government.'
Stephen Sedley, London Review of Books `Eminently readable ... particularly timely. A good read for laymen and professionals alike.'
Paul Boateng, The Lawyer `An illuminating account of relations from Victorian times until now between the Lord Chancellor's senior advisers and the judges. Robert Stevens reinforces many of the beliefs and suspicions of those whose careers have been in the law ... short [and] elegant.'
Stephen Tumim, The Daily Telegraph `Choosing between policies inevitably blurs the doctrine of separation of powers. Robert Steven's analysis is that judicial independence is thereby threatened.'
Times Higher Education Supplement `intriguing book ... One particularly important feature of Robert Stevens' account is the imaginative use that he makes of the public records of the Lord Chancellor's Department ... an authoritative and readable account of the formative years of the Lord Chancellor's Department ... This book is an important account of an important subject ... the definitive account of the classical heyday of the Lord Chancellor's Department - before it became, for better and for worse, a Ministry of Justice'
Legal Studies e method he has adopted has considerable attraction, in that he has brought the scene to life very skilfully, and has made clear the tensions between the judges and the Lord Chancellor and his senior officials. To do this he has made excellent use of the records of the Lord Chancellor's Office, exiguous though in places they are, in the Public Record Office ... As an account of the problems of judicial administrators during the twentieth century it is excellent. * Journal of Law and Society * 'an exploration of the relationships between civil servants, the Lord Chancellor and the judiciary...careful archival research provides numerous small incidents to illuminate the history of the professional status of the judiciary...it does give valuable historical perspectives on the use and abuse of the concept of judicial independence to be found in the records of the Lord Chancellor's Office. Moreover, it is entertaining.' * Legal History *
More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Oxford University Press
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 233 mm
Width: 156 mm
Thickness: 15 mm
Weight
393 gr
ISBN-13
978-0-19-826263-3 (9780198262633)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Content
Part 1 The Lord Chancellor's Office and the age of Muir-Mackenzie: the founding of the Lord Chancellor's Office; the Muir-Mackenzie era; the imperial dimension; the changing concept of the judiciary. Part 2 The Schuster era - high policy: the machinery of government and the long weekend; a little matter of constitutionalism; the Hewart explosion. Part 3 Schuster and the judges: choosing the judges; county court salaries - the doctrine of unripeness; pay claims - the high court and high drama. Part 4 Schuster and the end of empire: the judicial committee - the beginning of the end; a case study of Canada. Part 5 The era of Napier and Coldstream - numbers, appointment and control of the judges: the number of judges; choosing the judges; controlling the judges; the executive and the judiciary. Part 6 The end of Napier and Coldstream - the use of the judiciary: the uses of ignorance, impartiality and independence; the classic case - the restrictive practices court; restrictive practices - the public doubts; another spoke in the wheel - the Lord Chancellor's Office and committees. Part 7 Judicial salaries from the 1940s to the 1980s: the Labour years 1945-1951; the Conservative administration 1951-1964; the later years. Part 8 The later years - vignettes from the end of empire: Canada resiles - Sri Lanka pursues; and who, pray, shall sit?. Epilogue: the last decades; the perplexing problems of judicial independence; criticizing the judiciary; the judiciary reformed?; the Lord Chancellor's department and the future.