Chapter

The Era of Napier and Coldstream: the Use of the Judiciary

Robert Stevens

in The Independence of the Judiciary

Published in print March 1997 | ISBN: 9780198262633
Published online March 2012 | e-ISBN: 9780191682377 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262633.003.0007
The Era of Napier and Coldstream: the Use of the Judiciary

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Independence of the judiciary is often used to signify, from a public service point of view, impartiality and, from a constitutional viewpoint, an absence of discretion. This latter notion was revitalized by Dicey into the idea of individual judges being free of control by executive and legislative. This Anglicized view of the Rule of Law, together with the long tradition of politicians accepting the declaratory theory of law meant that English judges were accorded a high rating on any independence scale. Such a political asset, however, was always prone to be misused by politicians.

Keywords: independence of the judiciary; public service; Dicey; Rule of Law; English judges; declaratory theory

Chapter.  12777 words. 

Subjects: Constitutional and Administrative Law

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