Walking the Tightrope


Engels | 26-01-2023 | 178 pages

9789462363885

Hardback


€ 57,50

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Korte beschrijving/Annotatie

This book discusses the question where the limits of the freedom of the European judges lie to express their opinions.

Tekst achterflap

The judge is the holder of a state office in the rule of law. At the same time s/he is an individual with opinions, convictions and preferences. When the judge speaks, it may not always be clear to the outside world who is talking: the state or the individual. An opinion expressed by a judge may also rub off on the judicial office and, vice versa, the power and authority of the judicial office may reflect on the judge’s opinions, giving them special weight. It makes the judge’s speech into a complicated subject. The democratic backsliding events in Europe, that have put pressure on judicial independence and individual freedom, have also made this a highly topical subject. Walking the Tightrope discusses the question where the limits of the freedom of the European judges lie to express their opinions. It includes a study of the case law of Article 10 of the European Convention of Human Rights, the soft law on the judiciary and judicial conduct, and a reflection from different ethical theories. This multiperspective approach has resulted in a comprehensive discussion that challenges readers to form their own opinions on the subject. This book is meant for judges, public prosecutors, scientists, policymakers and others who are interested in the judge and his or her rights and ethics.

Biografie

Sietske Dijkstra is a family court judge in Groningen, the Netherlands, where she presides over civil and family law cases. She wrote her PhD on the subject of freedom of the judge to express his opinions and convictions. Furthermore she regularly publishes on various subjects concerning judicial freedom and ethics.

Inhoudsopgave

1 Introduction; 2 The ECHR and the ECtHR Case Law; 3 International Soft Law; 4 A Fictional Debate between Three Judges; 5 Conclusions; 6 Epilogue; Literature

Details

EAN :9789462363885
Auteur: 
Uitgever :Boom uitgevers Den Haag
Publicatiedatum :  26-01-2023
Uitvoering :Hardback
Taal :Engels
Hoogte :246 mm
Breedte :171 mm
Dikte :19 mm
Gewicht :440 gr
Voorraad :POD (Beschikbaar als print-on-demand.)
Aantal bladzijden :178
Trefwoorden :  deontology;echr;ecthr;soft law;utilitarianism;virtue ethics