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Description
Preface

Table of Contents

1	Introduction
2	Judicial Independence in Legal and Political Theory
3	How International Human Rights Standards on Judicial Independence Take into Account the Influence Media Frames Might Have on Judicial Decision-Making
4	The Effects of Media Frames on Judicial Decision-Making
5	Empirical Study on the Framing of Waterboarding in Judicial Opinions
6	Conclusion
Annex I	Terms that Denote Negative Treatment or Softer Treatment
Annex II	Coding Parameters
Annex III	Coding Data
Literature
Figures

Description

Judicial independence is not just an abstract principle that systems of government ensuring the rule of law must adhere to. It is also a concrete standard, set out in binding (as well as in some non-binding) human rights documents and enforced by human rights courts all over the world. These multiple human rights documents and human rights courts have developed legal norms relating to judicial independence but in doing so, have they taken the shaky nature of the assumption that individuals and institutions can exert true agency, uninfluenced by their environments, into account? This book addresses this by studying the very particular issue of the effect of the frames employed in print news media on judicial independence. The question is whether the print news media’s framing of the practice of waterboarding influenced judicial opinions of this practice and if so, did this influence compromise judicial independence? The book looks at judicial independence as it is defined in international human rights documents and also in light of the democratic purpose behind judicial independence.

Target group

This publication is aimed at academics in the field of (international) human rights law.

Author's information

Laura Henderson is currently a PhD candidate at Amsterdam’s Vrije Universiteit and a legal consultant at Weaver & Henderson On Point Legal. In her academic research she focuses generally on the relationship between power and the law. Her PhD dissertation will be about the ability of political actors to use a discourse of state of exception to justify extreme legal measures. As a consultant, Ms. Henderson advises on European human rights and international law. Ms. Henderson received her B.A. in Social Science from University College, Utrecht, and her LL.B and LL.M from the University of Utrecht.

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