Judicial reform in members of the Commonwealth of Independent States: judicial independence and impartiality standards with reference to the exhaustion of domestic remedies rule and incidence of torture

K Law > K Law (General)

Gallop, Sophie C. ; Lonbay, Julian,Freedman, Rosa

University:University of Birmingham

Department:Birmingham Law School

关键词: K Law;    K Law (General);   

Others  :  http://etheses.bham.ac.uk//id/eprint/9154/1/Gallop2019PhD.pdf

来源: University of Birmingham eTheses Repository

【 摘 要 】

Analysis of the success of judicial reforms in ex-Soviet countries is an area that has received comparatively less academic attention than in other countries where judicial reform efforts were undertaken around the same time. In addition, the far-reaching impact of judicial independence and judicial impartiality standards on the protection of other human rights standards and on complaints to international human rights bodies, is an area that has been acknowledged but not adequately explored. This thesis attempts to address these gaps by examining the history and theories of judicial independence and impartiality, and analysing why these standards are routinely violated by governments. This thesis then seeks to understand the impact of de facto judicial independence and impartiality standards by examining the effects of those standards have on the content of applications to circumvent domestic remedies and on the incidence of torture. It finally seeks to scrutinize the reasons behind the relative success of judicial reform efforts in some countries, against the comparative failures of other reform efforts in the various countries involved in this study, whilst identifying themes of judicial independence and impartiality across the region.