Through an examination of the history of the rules that regulate
police interrogation (the Judges' Rules) in conjunction with plea
bargaining and the Criminal Procedure Rules, this book explores the
'Westminster Model' under which three arms of the State (parliament,
the executive, and the judiciary) operate independently of one
another. It reveals how policy was framed in secret meetings with the
executive which then actively misled parliament in contradiction to
its ostensible formal relationship with the legislature. This analysis
of Home Office archives shows how the worldwide significance of the
Judges' Rules was secured not simply by the standing of the English
judiciary and the political power of the empire but more significantly
by the false representation that the Rules were the handiwork of
judges rather than civil servants and politicians. The book critically
examines the claim repeatedly advanced by judges that "judicial
independence" is justified by principles arising from the "rule of
law" and instead shows that the "rule of law" depends upon basic
principles of the common law, including an adversarial process and
trial by jury, and that the underpinnings of judicial action in
criminal justice today may be ideological rather than based on
principles.
Les mer
Produktdetaljer
ISBN
9780192555281
Publisert
2020
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter