Introduction / Denis Galligan (University of Oxford, UK) -- Part I: The Case for Judicial Independence -- 1. The Case for Judicial Independence in an Age of Populism / Robert J Sharpe (University of Toronto, Canada) -- 2. The European Court of Justice in the Brexit Debate / Catherine Barnard (University of Cambridge, UK) -- 3. Judical Review - The American Experience / John W Adams (Rutgers University, USA) -- 4. Courts as Friends: A Slightly Sceptical View Denis Galligan (University of Oxford, UK) -- Part II: Is Judicial Independence Under Threat? -- 5. The Judicialisation of Politics and Threats to Judicial Independence: When Should We Cry Wolf? / Ezequiel Gonzalez-Ocantos (University of Oxford, UK) -- 6. Under Pressure: Who Will Protect the Courts from Political Inferences? / Katarína Sipulová (Masaryk University, Czech Republic) -- 7. Self-Fulfilling Prophecies: 'Populism' and 'Judicial Independence' in Europe / Bogdan Iancu (University of Bucharest, Romania) -- 8. Judicial Independence Revisited Daniel Smilov (Sofia University, Bulgaria) -- 9. Judicial Independence: the View from Israel / Amir Paz-Fuchs (University of Sussex, UK) -- Part III: How Can Judicial Independence be Defended and Protected? -- 10. Judicial Independence and Perceptions of Legitimacy / Nick Friedman (University of Oxford, UK) -- 11. Judicial Independence and Popular Sovereignty: Squaring the Circle of Legitimacy / Daniel Butt (University of Oxford, UK) -- 12. From Mystery to Transparency: How Judges Promote Public Understanding of the Rule of Law / Paul Magrath (Incorporated Council of Law Reporting) -- 13. Lawyers, Lord Chancellors and Some Common Mistakes about Judicial Independence / Graham Gee (University of Sheffield, UK)

Abstract freely available; full-text restricted to individual document purchasers.

"Are the courts our friend or our foe? This book has three parts: Part I considers the case for judicial independence Part II looks at the question 'Is judicial independence under threat?' Part III reflects on whether judicial independence be defended and protected. Prompted by the constitutional crisis following the referendum of 2016, the Foundation for Law Justice and Society convened the second Putney Debates. Now convened on an annual basis, they provide a forum each year for the discussion of matters of constitutional importance. The original Putney Debates were held in St Mary's Church, Putney in 1647. The Civil War had been won, the King was held prisoner, the New Model Army was in control. In late October of that year, the weekly meeting of the High Council of the New Model Army, under the chairmanship of Oliver Cromwell, together with several civilians, turned into a debate about the constitution. This is perhaps the only occasion in modern history that a constitutional convention has been held on the English constitution."-- Provided by publisher.

Also published in print.

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