Comparative Law Discussion Group: 'Comparing the Legal Principle of Judicial Independence: a Pragmatic and Context-Sensitive Approach'

Lorne Neudorf is a Canadian Barrister and Solicitor and a third year PhD Candidate in Law. He will be taking up an appointment this July as Assistant Professor of Law at the Faculty of Law, Thompson Rivers University in Kamloops, British Columbia. See further: http://www.law.cam.ac.uk/people/research-students/lorne-neudorf/2251

Judicial independence is a widely cherished value enshrined in international instruments and the constitutions of countries around the world. An independent judiciary is seen as an essential component of the rule of law and is associated with economic growth and the protection of human rights. Significant resources are devoted to the promotion of an independent judiciary in domestic legal systems. For example, the World Bank initiates judicial independence projects with the aim of building investor confidence in developing markets. In addition, the UN Human Rights Council has appointed a Special Rapporteur to monitor judicial independence in countries around the world to better protect human rights.

Yet there remain problems with the process of entrenching judicial independence in domestic legal systems. Clashes between the judiciary and the executive can be observed in many developing countries, most recently in Sri Lanka with the removal of the Chief Justice of the Supreme Court. A comparative study of judicial independence reveals that the meaning and use of judicial independence tends to vary from country-to-country depending on a number of contextual factors.

This discussion looks at the comparative approach taken in my doctoral project to learn more about judicial independence in Malaysia and Pakistan. Understanding how and why domestic conceptions of judicial independence in those countries diverged from their origins rooted in English legal tradition, and from each other, provides a useful juxtaposition that can be used to better understand the principle of judicial independence and how it takes shape over time.

The Comparative Law Discussion Group group meet a few times a term to discuss comparative research and methodology. This year the group is expanding a little to welcome LLMs and particularly interested undergraduates in addition to the PhD students and faculty members who attend. It is not a teaching forum, its focus is on substantive research and research methodology. There are substantive presentations at points in the year, led by established academics, but for the rest of the year everyone is encouraged to present comparative work in progress and discuss it with the group. All are welcome here is no need to book.

Location: Moot Court Room, Faculty of Law.

For more information or to offer a paper contact Dr Matt Dyson on mnd21@cam.ac.uk.