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Judicial Independence: A Legal Research on Its Theoretical Aspects, Practices from Germany, The United States of America, France, Vietnam, and Recommendations for Vietnam

To, Van-Hoa LU (2006)
Abstract
It is widely recognized that judicial independence is an indispensable value of a modern democracy. When a country wishes to adopt this value, questions may arise, such as what it is and how to develop it properly?



This thesis explores the issue of judicial independence in two aspects: theoretical and practical. For the theoretical aspect, it first examines the rule of law and protection of human rights as the requirements for judicial independence in a country. Other theoretical questions of judicial independence are also discussed, such as its definition, limitations, and main guaranteeing measures. To support theoretical arguments in the thesis, an examination of international and regional measures regarding judicial... (More)
It is widely recognized that judicial independence is an indispensable value of a modern democracy. When a country wishes to adopt this value, questions may arise, such as what it is and how to develop it properly?



This thesis explores the issue of judicial independence in two aspects: theoretical and practical. For the theoretical aspect, it first examines the rule of law and protection of human rights as the requirements for judicial independence in a country. Other theoretical questions of judicial independence are also discussed, such as its definition, limitations, and main guaranteeing measures. To support theoretical arguments in the thesis, an examination of international and regional measures regarding judicial independence is presented. In addition, full texts of important international documents on judicial independence are reproduced in one of the Appendixes.



For the practical aspect, the thesis investigates the situation of judicial independence in four countries: Germany, the United States of America, France and Vietnam. The main question of this investigation is: How does judicial independence work in those countries? Detailed introduction to those countries? court systems is provided.



Theoretical arguments and analyses on the practical conditions of judicial independence in Vietnam are the bases for the solutions recommended at the end of the thesis to improve the independence of Vietnamese courts and judges. Practices of judicial independence in the other three countries are also consulted for suitable experiences. (Less)
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author
supervisor
opponent
  • Professor Nergelius, Joakim, Örebro
organization
publishing date
type
Thesis
publication status
published
subject
keywords
separation of powers, Constitutional law, Konstitutionell rätt, constitutional law, judicial discipline, judicial selection, rule of law, Vietnam, France, the United States, Germany, judiciary, international human rights law, international law, national court, Judicial independence, judicial dependence standards
pages
563 pages
publisher
Juristförlaget i Lund
defense location
Pufendorfsalen
defense date
2006-11-06 13:15:00
ISBN
91-544-0356-1
language
English
LU publication?
yes
id
96cec247-6fd5-4bb9-a886-c6718d0bd0e8 (old id 25979)
date added to LUP
2016-04-01 15:33:49
date last changed
2018-11-21 20:35:08
@phdthesis{96cec247-6fd5-4bb9-a886-c6718d0bd0e8,
  abstract     = {It is widely recognized that judicial independence is an indispensable value of a modern democracy. When a country wishes to adopt this value, questions may arise, such as what it is and how to develop it properly?<br/><br>
<br/><br>
This thesis explores the issue of judicial independence in two aspects: theoretical and practical. For the theoretical aspect, it first examines the rule of law and protection of human rights as the requirements for judicial independence in a country. Other theoretical questions of judicial independence are also discussed, such as its definition, limitations, and main guaranteeing measures. To support theoretical arguments in the thesis, an examination of international and regional measures regarding judicial independence is presented. In addition, full texts of important international documents on judicial independence are reproduced in one of the Appendixes.<br/><br>
<br/><br>
For the practical aspect, the thesis investigates the situation of judicial independence in four countries: Germany, the United States of America, France and Vietnam. The main question of this investigation is: How does judicial independence work in those countries? Detailed introduction to those countries? court systems is provided.<br/><br>
<br/><br>
Theoretical arguments and analyses on the practical conditions of judicial independence in Vietnam are the bases for the solutions recommended at the end of the thesis to improve the independence of Vietnamese courts and judges. Practices of judicial independence in the other three countries are also consulted for suitable experiences.},
  author       = {To, Van-Hoa},
  isbn         = {91-544-0356-1},
  language     = {eng},
  publisher    = {Juristförlaget i Lund},
  school       = {Lund University},
  title        = {Judicial Independence: A Legal Research on Its Theoretical Aspects, Practices from Germany, The United States of America, France, Vietnam, and Recommendations for Vietnam},
  year         = {2006},
}