Thesis (Ph. D.)--University of Michigan, 2006. / Includes bibliographical references (leaves 302-317).

Thesis (J.S.M.)--Stanford University, 2009. / Submitted to the Stanford Program in International Legal Studies at the Stanford Law School, Stanford University. "April 2009." Includes bibliographical references (leaves 130-136). Text of thesis also available online.

No description available.

Thesis (LL.M.). / Written for the Institute of Comparative Law. Title from title page of PDF (viewed 2009/06/17). Includes bibliographical references.

Canadian citizens’ inability to access courts has been a subject of controversy for decades. Despite widespread evidence that Canada’s legal aid system is faltering, governments continue to be unwilling to commit the resources necessary to remedy the problem. In this thesis, the author argues that people’s inability to access courts and obtain legal representation not only has implications for their rights and interests, but may also undermine judicial independence. Judicial independence, the author claims, is best understood as a variable bundle of rights, guarantees and powers conferred on courts and judges that preserves and enhances their abilities to adjudicate impartially, maintain a constitutional distribution of powers and uphold the rule of law. Since people’s inability to access courts can impair the judiciary’s ability to preserve these values, judicial independence is undermined. The author claims that it is possible to correct problems of inaccessibility by appointing state-funded counsel in appropriate circumstances.

Canadian citizens’ inability to access courts has been a subject of controversy for decades. Despite widespread evidence that Canada’s legal aid system is faltering, governments continue to be unwilling to commit the resources necessary to remedy the problem. In this thesis, the author argues that people’s inability to access courts and obtain legal representation not only has implications for their rights and interests, but may also undermine judicial independence. Judicial independence, the author claims, is best understood as a variable bundle of rights, guarantees and powers conferred on courts and judges that preserves and enhances their abilities to adjudicate impartially, maintain a constitutional distribution of powers and uphold the rule of law. Since people’s inability to access courts can impair the judiciary’s ability to preserve these values, judicial independence is undermined. The author claims that it is possible to correct problems of inaccessibility by appointing state-funded counsel in appropriate circumstances.

"The scale of human rights abuses on the continent is undisputedly high. The irony is that most constitutions contain express provisions for the protection and promotion of human rights and for the independence of the judiciary. It explains why constitutional guarantees alone are insufficient, political commitment is required if there is to be substance to these quarantees. The combination of express political statements made by governmetns, and their attitudes towards the judiciary, advances the argument mady by some that the majority of leaders treat its institutional independnce as a foreign invention imposed upon Africa. What is more disturbing, is that no alternate mechanisms are adopted to address and stop the continuation of human rights abuses. Therefore, this research seeks to answer the following question: whether judicial independence is a foreign invention imposed on African governments, and further, whether it is relevant to the protection of human rights in the continent. ... The research is composed of an introduction and four chapters. The introduction outlines the research question, literature review, objectives, hypothesis, significance, methodology and limitations of the study. Chapter one seeks to define the concept of judicial independence and how it relates to the protection of human rights. This is done by examining the international law perspectives on judicial independence. Chapter two highlights the theoretical and practical developments in the African continent that have taken place through the auspices of the OAU pertaining to judicial independence. Here the ACHPR, jurisprudence of the African Commission, the Protocol to the ACHPR and ancillary instruments are discussed and analysed. Chapter three discusses other universally recognised considerations that are concomitant to judicial independence and whose observance accelerate the protection of human rights. The chapter also focuses on the national constitutions to determine the extent to which justice systems cater for judicial independence and, practical responses by governments and courts. The fourth chapter seals the study by drawing evaluations, forwarding recommendations for the popularisation of judicial independence as an internationally recognised mechanism of the protection of human rights relevant to Africa, and finally, drawing general conclusion of the study." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / Prepared under the supervision of Dr. Atangcho N. Akonumbo, at the Faculty of Social and Management Sciences, The Catholic University of Central Africa, Yaounde, Cameroon / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The principle of judicial independence has been described in the case of Law Society of Lesotho v The Prime Minister and Another, as requiring judicial officers to be free to make their decisions without depending on the influence of another or any external pressure. The judiciary only owes its loyalty to the constitution and the law in the way it dispenses with justice. One of the requirements of the principle of judicial independence is appointing judicial officers in an open and transparent manner.2 Those appointed should be men and women of dignity and integrity who are able to hold the executive, the powerful, the rich and the poor accountable if they contravene the prescription of the law.3 / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Christopher Mbazira and Dr. Winfred Tarinyeba of the Faculty of Law, University of Makerere, Uganda. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Thesis (doctoral)--Universität, Hamburg, 2005/2006. / Includes bibliographical references (p. 447-469).

<p>A non-corrupt judiciary is a fundamental condition for the endorsement of rule of law and the ability to guarantee basic human rights in society. The judiciary must therefore be an independent and fair body that fights corruption, not the other way around. This essay systematizes different binding and non-binding international, and to some extent regional, norms and standards regarding corruption in the judiciary and judicial independence, and presents potential factors and effects of judicial corruption, through an inventory of documents recognized by organizations such as the United Nations and the Council of Europe. Further, the essay presents different anti-corruption strategies and the dilemma of implementing such strategies with regard to judicial independence. The advantages and disadvantages of different anti-corruption strategies are reviewed through the study of some successful and unsuccessful examples.</p><p>There are several definitions of corruption, this essay emanates from the definition of ‘abuse of office for personal or private gain’, a definition that is wide but yet well recognized. The factors of judicial corruption are many and often overlapping, but they vary from state to state and must hence be analyzed individually to find the factual reasons for what generates corruption. The effects are detrimental and break down the very core of rule of law and corrupt judges neglect fundamental principles such as equality, impartiality, propriety and integrity. With regard to the different factors and effects, the norms and standards, and the anti-corruption strategies, a discussion follows about how to rid the judiciary from corruption with preservation of the respect of judicial independence. The discussion also raises the predicament that malpractice of various fundamental principles e.g. judicial independence can occur and further distort unhealthy judiciaries. The main conclusion regarding anti-corruption strategies is that they must be carefully weighed against the principle of independence.</p>