• Media type: E-Article
  • Title: The Challenge of Maintaining the Rule of Law: Ensuring Legitimacy of Courts at National and Cross-National Levels
  • Contributor: Shetreet, Shimon
  • imprint: Nomos Verlag, 2018
  • Published in: osteuropa recht
  • Language: Not determined
  • DOI: 10.5771/0030-6444-2018-4-483
  • ISSN: 0030-6444
  • Keywords: General Medicine
  • Origination:
  • Footnote:
  • Description: <p>In the context of the legitimacy of the justice system and respect for fundamental values, such as judicial independence and impartiality, accessibility to the justice system, efficiency, fairness, and public confidence in the courts, this article demonstrates that the application of certain values might contradict and conflict with the application of others. The central argument of this paper is that the legitimacy of the courts is desired not only at a national level, but required internationally as well. The article concludes that, in order to maintain the legitimacy of courts and of the justice system, efforts must be made by all branches of government to promote the fundamental values of democracy and justice, and in particular - the independence of the judiciary in the administration of courts, be it by adopting the shared model of responsibility, or by fully acknowledging the ability and the social desirability of a judiciary that administrates itself. </p>
  • Access State: Open Access