Removing Politics From The Administration Of Justice

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"This timely book explores the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits."

The federal special prosecutor: unprincipled abuser of power or staunch defender of the law? As Katy Harriger shows, the special prosecutor was a hotly debated and controversial subject throughout much of its existence. This was especially true, she argues, during the lengthy, expensive, and highly-politicized investigations of Lawrence Walsh and Kenneth Starr into allegations concerning Presidents Ronald Reagan and Bill Clinton. Harriger offers the most complete assessment available of the use of special prosecutors in the post-Watergate era. She analyzes the independent counsel's role within the framework of the separation of powers, explaining how each has interacted with other key players in the political and legal system and showing how those relationships have affected the prosecutor's ability to conduct investigations. Harriger's previous edition focused on the legacy of Watergate but was published before Walsh's Iran-Contra investigations were concluded. Her new study adds substantially more information on Iran-Contra, provides a clearheaded appraisal of Starr's sensationalized Whitewater-Lewinsky investigations, examines a number of senior-level cabinet probes, and critiques and clarifies the role of Attorney General Janet Reno in these latter matters. A completely new chapter compares Iran-Contra and Whitewater-Lewinsky to explore the limits of the law in the special prosecutor's efforts. In this new edition, Harriger includes 20 new interviews with Washington insiders-including one with Kenneth Starr-and covers the debates that led to both the reauthorization of the independent counsel statute in 1994 and its demise in 1999. She then examines the pros and cons of the office and offers constructive suggestions for improvement should it be revived. For students, scholars, and concerned citizens, her book takes us well beyond frenzied media hype and partisan politics to provide a timely reminder about the crucial role of separation of powers in our system of governance.

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.