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The Myth of Judicial Independence - Oxford Scholarship Online
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The Myth of Judicial Independence

Mike McConville and Luke Marsh

Abstract

This book on the criminal justice system is uniquely positioned to examine judicial claims to independence, the politics of the judiciary, the rule of law, and the role of the executive in the context of a democratic polity. The authors have mined the British government’s archival vaults to assemble records including official (previously classified) Home Office files and present a ground-breaking narrative. By tracking the relationship between senior judges and the Home Office from the end of the nineteenth century to the modern day, revelations concerning the politics of the judiciary and the ... More

Keywords: judicial independence, judicial politics, separation of powers, civil service, the executive, Westminster Model, criminal process, adversarial system, Judges’ Rules, state-induced guilty pleas, plea bargaining, Criminal Procedure Rules, National Archives

Bibliographic Information

Print publication date: 2020 Print ISBN-13: 9780198822103
Published to Oxford Scholarship Online: August 2020 DOI:10.1093/oso/9780198822103.001.0001

Authors

Affiliations are at time of print publication.

Mike McConville, author
Founding Dean, Faculty of Law, The Chinese University of Hong Kong

Luke Marsh, author
Associate Professor, Faculty of Law, The Chinese University of Hong Kong