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Apollo 17
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Apollo 17
Eugene Cernan aboard the Lunar Rover during the first EVA of Apollo 17
Mission type
Manned lunar landing
Operator
NASA[1]
COSPAR ID
CSM: 1972-096A
LM: 1972-096C
SATCAT no.
CSM: 6300
LM: 6307
Mission duration
12 days, 13 hours, 51 minutes, 59 seconds
Spacecraft properties
Spacecraft
Apollo CSM-114
Apollo LM-12
Manufacturer
CSM: North American Rockwell
LM: Grumman
Launch mass
48,607 kilograms (107,161 lb)
Landing mass
5,500 kilograms (12,120 lb)
Crew
Crew size
3
Members
Eugene A. Cernan
Ronald E. Evans
Harrison H. Schmitt
Callsign
CSM: America
LM: Challenger
EVAs
1 in cislunar space
Plus 3 on the lunar surface
EVA duration
1 hour, 5 minutes, 44 seconds
Spacewalk to retrieve film cassettes
Start of mission
Launch date
December 7, 1972, 05:33:00 (1972-12-07UTC05:33Z) UTC
Rocket
Saturn V SA-512
Launch site
Kennedy LC-39A
End of mission
Recovered by
USS Ticonderoga
Landing date
December 19, 1972, 19:24:59 (1972-12-19UTC19:25:00Z) UTC
Landing site
South Pacific Ocean
17°53′S 166°07′W / 17.88°S 166.11°W / -17.88; -166.11 (Apollo 17 splashdown)
Orbital parameters
Reference system
Selenocentric
Periselene
26.9 kilometers (14.5 nmi)
Aposelene
109.3 kilometers (59.0 nmi)
Epoch
December 11, 4:04 UTC
Lunar orbiter
Spacecraft component
Command/Service Module
Orbital insertion
December 10, 1972, 19:47:22 UTC
Orbital departure
December 16, 1972, 23:35:09 UTC
Orbits
75
Lunar lander
Spacecraft component
Lunar Module
Landing date
December 11, 1972, 19:54:57 UTC
Return launch
December 14, 1972, 22:54:37 UTC
Landing site
Taurus–Littrow
20°11′27″N 30°46′18″E / 20.19080°N 30.77168°E / 20.19080; 30.77168 (Apollo 17 landing)
Sample mass
110.52 kilograms (243.7 lb)
Surface EVAs
3
EVA duration
22 hours, 3 minutes, 57 seconds
First: 7 hours, 11 minutes, 53 seconds
Second: 7 hours, 36 minutes, 56 seconds
Third: 7 hours, 15 minutes, 8 seconds
Lunar rover
Distance covered
35.74 kilometers (22.21 mi)
Docking with LM
Docking date
December 7, 1972, 09:30:10 UTC
Undocking date
December 11, 1972, 17:20:56 UTC
Docking with LM Ascent Stage
Docking date
December 15, 1972, 01:10:15 UTC
Undocking date
December 15, 1972, 04:51:31 UTC
Payload
Scientific Instrument Module
Apollo Lunar Surface Experiments Package
Lunar Roving Vehicle
Mass
SIM:
ALSEP:
LRV: 463 pounds (210 kg)

Left to right: Schmitt, Cernan (seated), Evans
Apollo program
← Apollo 16
Apollo 17 was the final mission of NASA's Apollo program. Launched at 12:33 a.m. Eastern Standard Time (EST) on December 7, 1972, with a crew made up of Commander Eugene Cernan, Command Module Pilot Ronald Evans, and Lunar Module Pilot Harrison Schmitt, it was the last use of Apollo hardware for its original purpose; after Apollo 17, extra Apollo spacecraft were used in the Skylab and Apollo–Soyuz programs.
Apollo 17 was the first night launch of a U.S. human spaceflight and the final manned launch of a Saturn V rocket. It was a "J-type mission" which included three days on the lunar surface, extended scientific capability, and the third Lunar Roving Vehicle (LRV). While Evans remained in lunar orbit in the Command/Service Module (CSM), Cernan and Schmitt spent just over three days on the moon in the Taurus–Littrow valley and completed three moonwalks, taking lunar samples and deploying scientific instruments. Evans took scientific measurements and photographs from orbit using a Scientific Instruments Module mounted in the Service Module.
The landing site was chosen with the primary objectives of Apollo 17 in mind: to sample lunar highland material older than the impact that formed Mare Imbrium, and investigate the possibility of relatively new volcanic activity in the same area.[2] Cernan, Evans and Schmitt returned to Earth on December 19 after a 12-day mission.[3]
Apollo 17 is the most recent manned Moon landing and was the last time humans travelled beyond low Earth orbit.[3][4] It was also the first mission to be commanded by a person with no background as a test pilot, and the first to have no one on board who had been a test pilot; X-15 test pilot Joe Engle lost the lunar module pilot assignment to Schmitt, a scientist.[5] The mission broke several records: the longest moon landing, longest total extravehicular activities (moonwalks),[6] largest lunar sample, and longest time in lunar orbit.[7]
Contents
[hide]
1 Crew
1.1 Backup crew
1.1.1 Original
1.1.2 Replacement
1.2 Support crew
1.3 Mission insignia
2 Planning and training
3 Mission hardware and experiments
3.1 Traverse Gravimeter
3.2 Scientific Instrument Module
3.3 Light flash phenomenon
3.4 Surface Electrical Properties Experiment
3.5 Lunar Roving Vehicle
3.6 Biological cosmic ray experiment
4 Mission highlights
4.1 Launch and outbound trip
4.2 Moon landing
4.3 Lunar surface
4.4 Return to Earth
5 Spacecraft locations
6 Depiction of mission in fiction and popular culture
7 Multimedia
8 See also
9 References
10 Bibliography
11 External links
Crew[edit]
Position[8]
Astronaut
Commander
Eugene A. Cernan
Third and last spaceflight
Command Module Pilot
Ronald E. Evans
Only spaceflight
Lunar Module Pilot
Harrison H. Schmitt
Only spaceflight
Eugene Cernan, Ronald Evans, and former X-15 pilot Joe Engle were assigned to the backup crew of Apollo 14.[9] Engle flew sixteen X-15 flights, three of which exceeded the 50 mi (80 km) border of space.[10] Following the rotation pattern that a backup crew would fly as the prime crew three missions later, Cernan, Evans, and Engle would have flown Apollo 17. Harrison Schmitt served on the backup crew of Apollo 15 and, following the crew rotation cycle, was slated to fly as Lunar Module Pilot on Apollo 18. However, Apollo 18 was cancelled in September 1970. Following this decision, the scientific community pressured NASA to assign a geologist to an Apollo landing, as opposed to a pilot trained in geology. In light of this pressure, Harrison Schmitt, a professional geologist, was assigned the Lunar Module Pilot position on Apollo 17.[9] Scientist-astronaut Curt Michel believed that it was his own decision to resign, after it became clear that he would not be given a flight assignment, that mobilized this action.[11]
Subsequent to the decision to assign Schmitt to Apollo 17, there remained the question of which crew (the full backup crew of Apollo 15, Dick Gordon, Vance Brand, and Schmitt, or the backup crew of Apollo 14) would become prime crew of the mission. NASA Director of Flight Crew Operations Deke Slayton ultimately assigned the backup crew of Apollo 14 (Cernan and Evans), along with Schmitt, to the prime crew of Apollo 17.[9]
Backup crew[edit]
Original[edit]
Position[12]
Astronaut
Commander
David Scott
Command Module Pilot
Alfred Worden
Lunar Module Pilot
James Irwin
This had been the Apollo 15 prime crew.
Replacement[edit]
Position[8][13]
Astronaut
Commander
John Young
Command Module Pilot
Stuart Roosa
Lunar Module Pilot
Charles Duke
The Apollo 15 prime crew received the backup assignment since this was to be the last lunar mission and the backup crew would not rotate to another mission. However, when the Apollo 15 postage stamp incident became public in early 1972 the crew was reprimanded by NASA and the United States Air Force (they were active duty officers). Director of Flight Crew Operations Deke Slayton removed them from flight status and replaced them with Young and Duke from the Apollo 16 prime crew and Roosa from the Apollo 14 prime and Apollo 16 backup crews.[12][14]
Support crew[edit]
Robert F. Overmyer[15]
Robert A. Parker[16]
C. Gordon Fullerton[17]
Mission insignia[edit]
Apollo 17 space-flown silver Robbins medallion
The insignia's most prominent feature is an image of the Greek sun god Apollo backdropped by a rendering of an American eagle, the red bars on the eagle mirroring those on the flag of the United States. Three white stars above the red bars represent the three crewmen of the mission. The background includes the Moon, the planet Saturn and a galaxy or nebula. The wing of the eagle partially overlays the Moon, suggesting man's established presence there. The gaze of Apollo and the direction of the eagle's motion embody man's intention to explore further destinations in space.[18]
The patch includes, along with the colors of the U.S. flag (red, white, and blue), the color gold, representative of a "golden age" of spaceflight that was to begin with Apollo 17. The image of Apollo in the mission insignia is a rendering of the Apollo Belvedere sculpture. The insignia was designed by Robert McCall, with input from the crew.[18]
Planning and training[edit]
Gene Cernan participates in geology training in Sudbury, Ontario in May 1972
Like Apollo 15 and Apollo 16, Apollo 17 was slated to be a "J-mission," an Apollo mission type that featured lunar surface stays of three days, higher scientific capability, and the usage of the Lunar Roving Vehicle. Since Apollo 17 was to be the final lunar landing of the Apollo program, high-priority landing sites that had not been visited previously were given consideration for potential exploration. A landing in the crater Copernicus was considered, but was ultimately rejected because Apollo 12 had already obtained samples from that impact, and three other Apollo expeditions had already visited the vicinity of Mare Imbrium. A landing in the lunar highlands near the crater Tycho was also considered, but was rejected because of the rough terrain found there and a landing on the lunar far side in the crater Tsiolkovskiy was rejected due to technical considerations and the operational costs of maintaining communication during surface operations. A landing in a region southwest of Mare Crisium was also considered, but rejected on the grounds that a Soviet spacecraft could easily access the site; Luna 21 eventually did so shortly after the Apollo 17 site selection was made.[2]
After the elimination of several sites, three sites made the final consideration for Apollo 17: Alphonsus crater, Gassendi crater, and the Taurus-Littrow valley. In making the final landing site decision, mission planners took into consideration the primary objectives for Apollo 17: obtaining old highlands material from a substantial distance from Mare Imbrium, sampling material from young volcanic activity (i.e., less than three billion years), and having minimal ground overlap with the orbital ground tracks of Apollo 15 and Apollo 16 to maximize the amount of new data obtained.[2]
The Taurus-Littrow site was selected with the prediction that the crew would be able to obtain samples of old highland material from the remnants of a landslide event that occurred on the south wall of the valley and the possibility of relatively young, explosive volcanic activity in the area. Although the valley is similar to the landing site of Apollo 15 in that it is on the border of a lunar mare, the advantages of Taurus-Littrow were believed to outweigh the drawbacks, thus leading to its selection as the Apollo 17 landing site.[2]
Apollo 17 was the only lunar landing mission to carry the Traverse Gravimeter Experiment (TGE), an experiment built by Draper Laboratory at the Massachusetts Institute of Technology designed to provide relative gravity measurements throughout the landing site at various locations during the mission's moonwalks. Scientists would then use this data to gather information about the geological substructure of the landing site and the surrounding vicinity.[19]
As with previous lunar landings, the Apollo 17 astronauts underwent an extensive training program that included training to collect samples on the surface, usage of the spacesuits, navigation in the Lunar Roving Vehicle, field geology training, survival training, splashdown and recovery training, and equipment training.[20]
Mission hardware and experiments[edit]
Traverse Gravimeter[edit]
Apollo 17 was the only Apollo lunar landing mission to carry the Traverse Gravimeter Experiment. As gravimeters had proven to be useful in the geologic investigation of the Earth, the objective of this experiment was to determine the feasibility of using the same techniques on the Moon to learn about its internal structure. The gravimeter was used to obtain readings at the landing site in the immediate vicinity of the Lunar Module (LM), as well as various locations on the mission's traverse routes. The TGE was carried on the Lunar Roving Vehicle; measurements were taken by the astronauts while the LRV was not in motion or after the gravimeter was placed on the surface.[21]
A total of twenty-six measurements were taken with the TGE during the mission's three moonwalks, with productive results. As part of the Apollo Lunar Surface Experiments Package (ALSEP), the astronauts also deployed the Lunar Surface Gravimeter, a similar experiment, which ultimately failed to function properly.[19]
Scientific Instrument Module[edit]
Apollo 17 SIM bay on the Service Module, seen from the Lunar Module in orbit around the Moon
Sector one of the Apollo 17 Service Module (SM) contained the Scientific Instrument Module (SIM) bay. The SIM bay housed three experiments for use in lunar orbit: a lunar sounder, an infrared scanning radiometer, and a far-ultraviolet spectrometer. A mapping camera, panoramic camera, and a laser altimeter were also included in the SIM bay.[21]
The lunar sounder beamed electromagnetic impulses toward the lunar surface, which were designed with the objective of obtaining data to assist in developing a geological model of the interior of the Moon to an approximate depth of 1.3 km (0.81 mi).[21]
The Infrared Scanning Radiometer was designed with the objective of generating a temperature map of the lunar surface to aid in locating surface features such as rock fields, structural differences in the lunar crust, and volcanic activity.[21]
The Far-Ultraviolet Spectrometer was to be used to obtain data pertaining to the composition, density, and constituency of the lunar atmosphere. The spectrometer was also designed to detect far-UV radiation emitted by the Sun that has been reflected off the lunar surface.[21]
The Laser Altimeter was designed with the intention of measuring the altitude of the spacecraft above the lunar surface within approximately two meters (6.6 feet), and providing altitude information to the panoramic and mapping cameras.[21]
Light flash phenomenon[edit]
Main article: Cosmic ray visual phenomena
Throughout the Apollo lunar missions, the crew members observed light flashes that penetrated closed eyelids. These flashes, described as "streaks" or "specks" of light, were usually observed by astronauts while the spacecraft was darkened during a sleep period. These flashes, while not observed on the lunar surface, would average about two per minute and were observed by the crew members during the trip out to the Moon, back to Earth, and in lunar orbit.[21]
The Apollo 17 crew conducted an experiment, also conducted on Apollo 16, with the objective of linking these light flashes with cosmic rays. As part of an experiment conducted by NASA and the University of Houston, one astronaut wore a device that recorded the time, strength, and path of high-energy atomic particles that penetrated the device. Analysis of the results concluded that the evidence supported the hypothesis that the flashes occurred when charged particles travelled through the retina in the eye.[21][22]
Surface Electrical Properties Experiment[edit]
Apollo 17 lunar rover at its final resting place on the Moon. The Surface Electrical Properties (SEP) receiver is the antenna on the right-rear of the vehicle
Apollo 17 was the only lunar surface expedition to include the Surface Electrical Properties (SEP) experiment. The experiment included two major components: a transmitting antenna deployed near the Lunar Module and a receiving antenna located on the Lunar Roving Vehicle. At different stops during the mission's traverses, electrical signals traveled from the transmitting device, through the ground, and received at the LRV. The electrical properties of the lunar soil could be determined by comparison of the transmitted and received electrical signals. The results of this experiment, which are consistent with lunar rock composition, show that the top 2 km (1.2 mi) of the Moon are extremely dry.[23]
Lunar Roving Vehicle[edit]
Apollo 17 was the third mission (the others being Apollo 15 and Apollo 16) to make use of a Lunar Roving Vehicle. The LRV, in addition to being used by the astronauts for transport from station to station on the mission's three moonwalks, was used to transport the astronauts' tools, communications equipment, and samples.[21] The Apollo 17 LRV was also used to carry experiments unique to the mission, such as the Traverse Gravimeter and Surface Electrical Properties experiment.[19][23] The Apollo 17 LRV traveled a cumulative distance of approximately 35.9 km (22.3 mi) in a total drive time of about four hours and twenty-six minutes; the greatest distance Eugene Cernan and Harrison Schmitt traveled from the Lunar Module was about 7.6 km (4.7 mi).[24]
Biological cosmic ray experiment[edit]
Apollo 17 included a biological cosmic ray experiment (BIOCORE), carrying mice that had been implanted with radiation monitors to see whether they suffered damage from cosmic rays.[25]
Five pocket mice (Perognathus longimembris) were implanted with radiation monitors under their scalps and flown on the mission. The species was chosen because it was well-documented, small, easy to maintain in an isolated state (not requiring drinking water for the duration of the mission and with highly concentrated waste), and for its ability to withstand environmental stress. Four of the five mice survived the flight; the cause of death of the fifth mouse was not determined.[25]
The study found lesions in the scalp itself and liver. The scalp lesions and liver lesions appeared to be unrelated to one another, and were not thought to be the result of cosmic rays. No damage was found in the mice's retinas or viscera.[25] At the time of the publication of the Apollo 17 Preliminary Science Report, the mouse brains had not yet been examined.[25] However, subsequent studies showed no significant effect on the brains.[26]
Officially, the mice—four male and one female—were assigned the identification numbers A3326, A3400, A3305, A3356 and A3352. Unofficially, according to Cernan, the Apollo 17 crew dubbed them "Fe", "Fi", "Fo", "Fum" and "Phooey".[27]
Mission highlights[edit]
Launch and outbound trip[edit]
Apollo 17 launches on December 7, 1972
Apollo 17 was the last manned Saturn V launch and the only night launch. The launch was delayed by two hours and forty minutes due to an automatic cutoff in the launch sequencer at the T-30 second mark in the countdown. The issue was quickly determined to be a minor technical error. The clock was reset and held at the T-22 minute mark while technicians worked around the malfunction in order to continue with the launch. This pause was the only launch delay in the Apollo program caused by this type of hardware failure. The count then resumed, and the liftoff occurred at 12:33 am EST.[3][28]
Approximately 500,000 people were estimated to have observed the launch in the immediate vicinity of Kennedy Space Center, despite the early morning hour. The launch was visible as far away as 800 km (500 mi); observers in Miami, Florida, saw a "red streak" crossing the northern sky.[28]
At 3:46 am EST, the S-IVB third stage was re-ignited to propel the spacecraft towards the Moon.[3]
At approximately 2:47 pm EST on December 10, the Service Propulsion System engine on the Command/Service Module ignited to slow down the CSM/Lunar Module stack into lunar orbit. Following orbit insertion and orbital stabilization, the crew began preparations for landing in the Taurus-Littrow valley.[3]
Moon landing[edit]
After separating from the Command/Service Module, the Lunar Module Challenger and its crew of two, Eugene Cernan and Harrison Schmitt, adjusted their orbit and began preparations for the descent to Taurus-Littrow. While Cernan and Schmitt prepared for landing, Command Module Pilot Ron Evans remained in orbit to take observations, perform experiments and await the return of his crew-mates a few days later.[3][29]
Soon after completing their preparations for landing, Cernan and Schmitt began their descent to the Taurus-Littrow valley on the lunar surface. Several minutes after the descent phase was initiated, the Lunar Module pitched over, giving the crew their first look at the landing site during the descent phase and allowing Cernan to guide the spacecraft to a desirable landing target while Schmitt provided data from the flight computer essential for landing. The LM touched down on the lunar surface at 2:55 pm EST on December 11. Shortly thereafter, the two astronauts began re-configuring the LM for their stay on the surface and began preparations for the first moonwalk of the mission, or EVA-1.[3][29]
Lunar surface[edit]
Eugene Cernan on the lunar surface, December 13, 1972
The first moonwalk (EVA) of the mission began approximately four hours after landing, at about 6:55 pm on December 11. The first task of the first lunar excursion was to offload the Lunar Roving Vehicle and other equipment from the Lunar Module. While working near the rover, a fender was accidentally broken off when Gene Cernan brushed up against it, his hammer getting caught under the right-rear fender, breaking off the rear extension. The same incident had also occurred on Apollo 16 as Commander John Young maneuvered around the rover. Although this was not a mission-critical issue, the loss of the fender caused Cernan and Schmitt to be covered with dust thrown up when the rover was in motion.[30] The crew used duct tape to fix the problem by attaching a map to the damaged fender, but the dust picked up on the tape surface prevented it from sticking properly and the first fix was short lived. After an overnight rethink by the flight controllers, a better method of applying the tape resulted in a satisfactory fix that lasted for the length of the exploration.[31] The crew then deployed the Apollo Lunar Surface Experiments Package (ALSEP) west of the immediate landing site. After completing this, Cernan and Schmitt departed on the first geologic traverse of the mission towards Steno crater to the south of the landing site, during which they gathered 14 kilograms (31 lb) of samples; took seven gravimeter measurements; and deployed two explosive packages, which were later detonated remotely to test geophones that had been placed by the astronauts and seismometers that had been placed on previous Apollo missions.[32] The EVA ended after seven hours and twelve minutes.[3][33]
Apollo 17 landing site, photographed in 2011 by Lunar Reconnaissance Orbiter
Lunar Regolith collected during Apollo 17
On December 12, at 6:28 pm EST, Cernan and Schmitt began their second lunar excursion. One of the first tasks of the EVA was repairing the right-rear fender on the LRV, the rearward extension of which had been broken off the previous day. The pair did this by taping together four cronopaque maps with duct tape and clamping the replacement fender extension to the fender, thus providing a means of preventing dust from raining down upon them while in motion.[30][31][34] During this EVA, the pair sampled several different types of geologic deposits found in the valley, including the avalanche at the base of the South Massif, orange-colored soil at Shorty crater, and ejecta of Camelot crater. The crew completed this moonwalk after seven hours and thirty-seven minutes. They collected 34 kilograms (75 lb) of samples, deployed three more explosive packages and took seven gravimeter measurements.[3]
The third moonwalk, the last of the Apollo program, began at 5:26 pm EST on December 13. During this excursion, the crew collected 66 kilograms (146 lb) of lunar samples and took nine gravimeter measurements. They drove the rover to the north and east of the landing site and explored the base of the North Massif, the Sculptured Hills, and the unusual crater Van Serg. Before ending the moonwalk, the crew collected a rock, a breccia, and dedicated it to several different nations which were represented in Mission Control Center in Houston, Texas, at the time. A plaque located on the Lunar Module, commemorating the achievements made during the Apollo program, was then unveiled. Before reentering the LM for the final time, Gene Cernan expressed his thoughts:[3]
...I'm on the surface; and, as I take man's last step from the surface, back home for some time to come - but we believe not too long into the future - I'd like to just [say] what I believe history will record. That America's challenge of today has forged man's destiny of tomorrow. And, as we leave the Moon at Taurus-Littrow, we leave as we came and, God willing, as we shall return, with peace and hope for all mankind. "Godspeed the crew of Apollo 17."[35]
Cernan then followed Schmitt into the Lunar Module after spending approximately seven hours and 15 minutes outside during the mission's final lunar excursion.[3]
Return to Earth[edit]
Apollo 17 post-landing recovery operations
Apollo 17 Command Module after splashdown, with USS Ticonderoga in background.
Eugene Cernan and Harrison Schmitt successfully lifted off from the lunar surface in the ascent stage of the Lunar Module on December 14, at 5:55 pm EST. After a successful rendezvous and docking with Ron Evans in the Command/Service Module in orbit, the crew transferred equipment and lunar samples between the LM and the CSM for return to Earth. Following this, the LM ascent stage was sealed off and jettisoned at 1:31 am on December 15. The ascent stage was then deliberately crashed into the Moon in a collision recorded by seismometers deployed on Apollo 17 and previous Apollo expeditions.[3][36]
On December 17, during the trip back to Earth, at 3:27 pm EST, Ron Evans successfully conducted a one-hour and seven minute spacewalk to retrieve exposed film from the instrument bay on the exterior of the CSM.[3]
On December 19, the crew jettisoned the no-longer-needed Service Module, leaving only the Command Module for return to Earth. The Apollo 17 spacecraft reentered Earth's atmosphere and landed safely in the Pacific Ocean at 2:25 pm, 6.4 kilometers (4.0 mi) from the recovery ship, USS Ticonderoga. Cernan, Evans and Schmitt were then retrieved by a recovery helicopter and were safely aboard the recovery ship 52 minutes after landing.[3][36]
Spacecraft locations[edit]
Apollo 17 Command Module, on display at Space Center Houston.
The Command Module America is currently on display at Space Center Houston at the Lyndon B. Johnson Space Center in Houston, Texas.[37]
The ascent stage of lunar module Challenger impacted the Moon December 15, 1972 at 06:50:20.8 UT (1:50 am EST), at 19°58′N 30°30′E / 19.96°N 30.50°E / 19.96; 30.50 (Apollo 17 LM ascent stage).[37] The descent stage remains on the Moon at the landing site, 20°11′27″N 30°46′18″E / 20.19080°N 30.77168°E / 20.19080; 30.77168 (Apollo 17 LM descent stage).[1]
In 2009 and again in 2011, the Lunar Reconnaissance Orbiter photographed the landing site from increasingly low orbits.[38]
Depiction of mission in fiction and popular culture[edit]
Portions of the Apollo 17 mission are dramatized in the 1998 HBO miniseries From the Earth to the Moon episode entitled "Le Voyage dans la Lune."[39]
The prologue to the 1999 novel Back to the Moon, by Homer Hickam, begins with a dramatized depiction of the end of the second Apollo 17 EVA. The orange soil then becomes the major driver of the plot of the rest of the story.[40]
The 2005 novel Tyrannosaur Canyon by Douglas Preston opens with a depiction of the Apollo 17 moonwalks using quotes taken from the official mission transcript.[41]
Additionally, there have been fictional astronauts in film, literature and television who have been described as "the last man to walk on the Moon," implying they were crew members on Apollo 17. One such character was Steve Austin in the television series The Six Million Dollar Man. In the 1972 novel Cyborg, upon which the series was based, Austin remembers watching the Earth "fall away during Apollo XVII."[42] In the 1998 film Deep Impact fictional astronaut Spurgeon "Fish" Tanner, portrayed by Robert Duvall, was described at a Presidential press conference as the "last man to walk on the moon" by the President of the United States, portrayed by Morgan Freeman.[43]
In the Anime Aldnoah.Zero, the Apollo 17 mission locates an ancient transporter gate leading to Mars left by an unknown, extinct alien race. This discovery is the divergence point for the story's alternate history.
The song "Contact" from Daft Punk includes audio from the Apollo 17 mission, courtesy of NASA and Captain Eugene Cernan.
Multimedia[edit]
The Apollo 17 Saturn V awaits launch
Vice President Spiro Agnew congratulates launch control after the launch
Apollo 17 photo of the Earth as the spacecraft heads for the Moon (known as "The Blue Marble photo")
Lunar Orbiter 4 image of the Taurus-Littrow valley, with the landing site near center.
Play media
Astronaut Harrison Schmitt falls while on a moonwalk
Harrison Schmitt poses with the American flag and Earth in the background during Apollo 17's first EVA. Eugene Cernan is visible reflected in Schmitt's helmet visor
View of the waning crescent Earth seen rising above the lunar horizon over the Ritz Crater
Schmitt stands next to a large boulder during EVA-3. He is looking in the direction of the LM which is visible beyond the right limb of the boulder.
Cernan in the Lunar Module after EVA-3
Schmitt in the Lunar Module after EVA-3
Play media
Apollo 17's Lunar Module blasts off and leaves the Moon
Evans performs an EVA before returning home
The plaque left on the Moon by Apollo 17
A model of the UV spectrometer used to take the first accurate measurements of the constituents of the Moon's atmosphere
Landing site, as imaged by the Lunar Reconnaissance Orbiter in 2009
Narrow-angle image of the LM Challenger descent stage surrounded by LRV tracks and footprints, as imaged by the Lunar Reconnaissance Orbiter in 2011
See also[edit]
Spaceflight portal
Apollo Command/Service Module
Apollo Lunar Module
Apollo program
List of Apollo missions
List of Apollo mission types
List of astronauts by year of selection
List of human spaceflights
List of human spaceflight programs
List of landings on extraterrestrial bodies
List of manned spacecraft
List of NASA missions
List of spacewalks and moonwalks 1965–1999
Moon landing
Saturn V
Taurus–Littrow
The Case of the Missing Moon Rocks
References[edit]
This article incorporates public domain material from websites or documents of the National Aeronautics and Space Administration.
^ Jump up to: a b Orloff, Richard W. (September 2004) [First published 2000]. "Table of Contents". Apollo by the Numbers: A Statistical Reference. NASA History Division, Office of Policy and Plans. NASA History Series. Washington, D.C.: NASA. ISBN 0-16-050631-X. LCCN 00061677. NASA SP-2000-4029. Archived from the original on August 23, 2007. Retrieved 24 July 2013.
^ Jump up to: a b c d "Landing Site Overview". Apollo 17 Mission. Lunar and Planetary Institute. Retrieved 23 August 2011.
^ Jump up to: a b c d e f g h i j k l m n Wade, Mark. "Apollo 17". Encyclopedia Astronautica. Retrieved 22 August 2011.
Jump up ^ "Apollo 17 Mission Overview". Apollo Lunar Surface Journal. Retrieved 25 August 2011.
Jump up ^ [see chart]
Jump up ^ "Extravehicular Activity". NASA. Archived from the original on November 18, 2004. Retrieved 25 August 2011.
Jump up ^ "Astronaut Bio: Harrison Schmitt". NASA. Retrieved 15 December 2016.
^ Jump up to: a b "Apollo 17 Crew". The Apollo Program. Washington, D.C.: National Air and Space Museum. Retrieved 26 August 2011.
^ Jump up to: a b c "A Running Start – Apollo 17 up to Powered Descent Initiation". Apollo Lunar Surface Journal. Retrieved 25 August 2011.
Jump up ^ "Astronaut Bio: Joe Henry Engle". NASA. Retrieved 25 August 2011.
Jump up ^ Williams, Mike (27 February 2015). "Professor emeritus Curt Michel dies". Rice University News & Media. Retrieved 11 October 2015. He maintained that his decision to return to research prompted a shuffle among flight crews that led to one scientist, Harrison “Jack” Schmitt, landing on the moon with Apollo 17. “The National Academy of Sciences got all pushed out of shape when I left,” Michel said. “I think that was largely influential in Jack getting his flight. When it looked like their primary idea of getting a scientist to the moon was going to flop, they finally started pushing their weight around.” (Full interview at http://news.rice.edu/2009/07/17/from-astrophysicist-to-astronaut-and-back/)
^ Jump up to: a b "2 Astronauts Quitting Jobs And Military". Toledo Blade. Associated Press. 24 May 1972. Retrieved 26 August 2011.
Jump up ^ "Apollo crew warned about commercialism". The Free Lance-Star. 1 August 1972. Retrieved 26 August 2011.
Jump up ^ Slayton & Cassutt 1994, p. 279
Jump up ^ "Astronaut Bio: Robert Overmyer". NASA. Retrieved 26 August 2011.
Jump up ^ "Astronaut Bio: Robert Allan Ridley Parker". NASA. Retrieved 26 August 2011.
Jump up ^ "Astronaut Bio: C. Gordon Fullerton". NASA. Retrieved 26 August 2011.
^ Jump up to: a b "Apollo Mission Insignias". NASA. Archived from the original on July 21, 2011. Retrieved 25 August 2011.
^ Jump up to: a b c "Apollo 17 Traverse Gravimeter Experiment". Apollo Lunar Surface Journal. Retrieved 23 August 2011.
Jump up ^ Mason, Betsy (20 July 2011). "The Incredible Things NASA Did to Train Apollo Astronauts". Wired Science. Condé Nast Publications. Retrieved 23 August 2011.
^ Jump up to: a b c d e f g h i "Apollo 17 Press Kit" (PDF). Washington, D.C.: NASA. 26 November 1972. 72-220K. Archived from the original (PDF) on 27 March 2009. Retrieved 26 August 2011.
Jump up ^ Osborne, W. Zachary; Pinsky, Lawrence S.; Bailey, J. Vernon (1975). "Apollo Light Flash Investigations". In Johnston, Richard S.; Dietlein, Lawrence F.; Berry, Charles A. Biomedical Results of Apollo. Foreword by Christopher C. Kraft, Jr. Washington, D.C.: NASA. NASA SP-368. Retrieved 26 August 2011.
^ Jump up to: a b "Surface Electrical Properties". Apollo 17 Science Experiments. Lunar and Planetary Institute. Retrieved 26 August 2011.
Jump up ^ "The Apollo Lunar Roving Vehicle". NASA. Archived from the original on 15 July 2011. Retrieved 26 August 2011.
^ Jump up to: a b c d Bailey. O.T.; et al. (1973). "26. Biocore Experiment". Apollo 17 Preliminary Science Report (NASA SPP-330).
Jump up ^ Haymaker, Webb; Look, Bonne C.; Benton, Eugene V.; Simmonds, Richard C. (January 1, 1975). "The Apollo 17 Pocket Mouse Experiment (Biocore)". In Johnston, Richard S.; Berry, Charles A.; Dietlein, Lawrence F. SP-368 Biomedical Results of Apollo (SP-368). Lyndon B. Johnson Space Center. OCLC 1906749.
Jump up ^ Burgess, Colin; Dubbs, Chris (July 5, 2007). Animals in Space: From Research Rockets to the Space Shuttle. Springer Science & Business Media. p. 320. ISBN 9780387496788. Retrieved May 4, 2016.
^ Jump up to: a b "Apollo 17 Launch Operations". NASA. Retrieved 16 November 2011.
^ Jump up to: a b "Landing at Taurus-Littrow". Apollo Lunar Surface Journal. Retrieved 22 August 2011.
^ Jump up to: a b "ALSEP Off-load". Apollo Lunar Surface Journal. Retrieved 24 August 2011.
^ Jump up to: a b Phillips, Tony (April 21, 2008). "Moondust and Duct Tape". Science@NASA. NASA. Retrieved 24 August 2011.
Jump up ^ Brzostowski, Matthew; Brzostowski, Adam (April 2009). "Archiving the Apollo active seismic data". The Leading Edge. Tulsa, OK: Society of Exploration Geophysicists. 28 (4): 414–416. ISSN 1070-485X. doi:10.1190/1.3112756. Retrieved 12 June 2014.
Jump up ^ "The First EVA". Apollo Lunar Surface Journal. Archived from the original on July 16, 2011. Retrieved 22 August 2011.
Jump up ^ "Preparations for EVA-2". Apollo Lunar Surface Journal. Retrieved 24 August 2011.
Jump up ^ "EVA-3 Close-out". Apollo Lunar Surface Journal. Archived from the original on July 18, 2011. Retrieved 22 August 2011.
^ Jump up to: a b "Return to Earth". Apollo Lunar Surface Journal. Retrieved 22 August 2011.
^ Jump up to: a b "Apollo: Where are they now?". NASA. Archived from the original on July 17, 2011. Retrieved 26 August 2011.
Jump up ^ Neal-Jones, Nancy; Zubritsky, Elizabeth; Cole, Steve (September 6, 2011). Garner, Robert, ed. "NASA Spacecraft Images Offer Sharper Views of Apollo Landing Sites". NASA. Goddard Release No. 11-058 (co-issued as NASA HQ Release No. 11-289). Retrieved 24 July 2013.
Jump up ^ "From the Earth to the Moon - Season 1, Episode 12: Le Voyage Dans La Lune". TV.com. San Francisco, CA: CBS Interactive. Retrieved 26 August 2011.
Jump up ^ Hickam 1999, pp. 3–8
Jump up ^ Anderson, Patrick (19 September 2005). "Rex Marks the Spot". The Washington Post. Retrieved 24 August 2011.
Jump up ^ Caidin 1972, p. 15
Jump up ^ "Deep Impact quotes". Subzin.com. Archived from the original on 24 July 2013. Retrieved 24 July 2013.
Bibliography[edit]
Caidin, Martin (1972). Cyborg. New York: Arbor House. ISBN 0-87795-025-3. LCCN 73183758. OCLC 320464.
Hickam, Homer H., Jr. (1999). Back to the Moon. New York: Delacorte Press. ISBN 0-38533-422-2. LCCN 99021995. OCLC 40979898.
Slayton, Donald K. "Deke"; Cassutt, Michael (1994). Deke! U.S. Manned Space: From Mercury to the Shuttle (1st ed.). New York: Forge. ISBN 0-312-85503-6. LCCN 94002463. OCLC 29845663.
External links[edit]
Wikimedia Commons has media related to Apollo 17.
"Apollo 17" at Encyclopedia Astronautica
"Apollo 17" Detailed mission information by Dr. David R. Williams, NASA Goddard Space Flight Center
Apollo 17 Press Kit (PDF) NASA, Release No. 72-220K, 26 November 1972
"Table 2-45. Apollo 17 Characteristics" from NASA Historical Data Book: Volume III: Programs and Projects 1969–1978 by Linda Neuman Ezell, NASA SP-4012, NASA History Series (1988)
Apollo 17 Lunar Surface Journal
"Apollo 17 Real-Time Mission Experience" - All mission audio, film, video and photography presented in real-time.
Apollo 17 Mission Experiments Overview at the Lunar and Planetary Institute
Apollo 17 Voice Transcript Pertaining to the Geology of the Landing Site (PDF) by N. G. Bailey and G. E. Ulrich, United States Geological Survey, 1975
"Apollo Program Summary Report" (PDF), NASA, JSC-09423, April 1975
"Development of Manned Space Flight, American and Soviet" from The Partnership: A History of the Apollo-Soyuz Test Project by Edward Clinton Ezell and Linda Neuman Ezell, NASA SP-4209, NASA History Series (1978)
The Apollo Spacecraft: A Chronology NASA, NASA SP-4009
Apollo 17 "On The Shoulders of Giants" - NASA Space Program & Moon Landings Documentary on YouTube
"The Final Flight" – excerpt from the September 1973 issue of National Geographic magazine
"Apollo 17 Final Reflections on Apollo" at Maniac World
[show]
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[show]
v
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← 1971 · Orbital launches in 1972 · 1973 →
Kosmos 471 | OPS 1737 · OPS 7719 | Intelsat IV F-4 | Kosmos 472 | HEOS-2 | Kosmos 473 | Luna 20 | Kosmos 474 | OPS 1844 | Kosmos 475 | OPS 1570 | Kosmos 476 | Pioneer 10 | Kosmos 477 · Nauka-14KS No.1 | TD-1A | Kosmos 478 | OPS 1678 | Kosmos 479 | OPS 5058 | Kosmos 480 | Kosmos 481 | Venera 8 | Meteor-MV No.23 | Kosmos 482 | Kosmos 483 | Molniya-1 No.27 · SRET-1 | Kosmos 484 · Nauka-5KS No.3 | Interkosmos 6 | Kosmos 485 | Prognoz 1 | Kosmos 486 | Apollo 16 (PFS-2) | OPS 5640 | Kosmos 487 | DS-P1-Yu No. 51 | Kosmos 488 | Kosmos 489 | Kosmos 490 · Nauka-1KS No.5 | Molniya-2-2 | OPS 6574 | Kosmos 491 | OPS 6371 | Kosmos 492 | Intelsat IV F-5 | Kosmos 493 | Kosmos 494 | Kosmos 495 | Kosmos 496 | Prognoz 2 | Interkosmos 7 | Kosmos 497 | Meteor-MV No.26 | Kosmos 498 | Kosmos 499 | OPS 7293 · OPS 7803 | Kosmos 500 | Kosmos 501 | Kosmos 502 | Kosmos 503 | Kosmos 504 · Kosmos 505 · Kosmos 506 · Kosmos 507 · Kosmos 508 · Kosmos 509 · Kosmos 510 · Kosmos 511 | ERTS-1 | Kosmos 512 | DOS No.122 | Kosmos 513 | Explorer 46 | Kosmos 514 | Kosmos 515 | Denpa | Copernicus | Kosmos 516 | Kosmos 517 | OPS 8888 | Unnamed | Triad 1 | Kosmos 518 | Kosmos 519 | Kosmos 520 | Explorer 47 | Kosmos 521 | Molniya-2-3 | Radcat 2 · Radsat | Kosmos 522 | Kosmos 523 | OPS 8314 · OPS 8314/2 | Kosmos 524 | Molniya-1 No.26 | NOAA-2 · OSCAR-6 | Unnamed | Kosmos 525 · Nauka-16KS No.1L | Kosmos 526 | Meteor-M No.25 | Kosmos 527 | Kosmos 528 · Kosmos 529 · Kosmos 530 · Kosmos 531 · Kosmos 532 · Kosmos 533 · Kosmos 534 · Kosmos 535 | Kosmos 536 | OPS 7323 | Anik A1 | Explorer 48 | ESRO-4 | Unnamed | Kosmos 537 | Interkosmos 8 | Molniya-1 No.28 | Apollo 17 | Nimbus 5 | Molniya-2-4 | Kosmos 538 | Aeros 1 | OPS 9390 | Kosmos 539 | OPS 3978 | Kosmos 540 | Kosmos 541 | Kosmos 542
Payloads are separated by bullets ( · ), launches by pipes ( | ). Manned flights are indicated in bold text. Uncatalogued launch failures are listed in italics. Payloads deployed from other spacecraft are denoted in (brackets).
[show]
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Judicial independence
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Judicial independence is the concept that the judiciary needs to be kept away from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. Judicial Independence is vital and important to the idea of separation of powers.
Different countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th century England.
In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the judiciary perceives that a branch of government is refusing to perform a constitutional duty, or by declaring laws passed by the legislature unconstitutional.
Contents
[hide]
1 Economic basis
2 Development of the concept
2.1 National and international developments
2.2 International standards
2.3 The justice system
3 Canada
4 Hong Kong
5 United Kingdom
5.1 England and Wales
5.1.1 History
5.1.2 Contemporary usage
6 United States of America
6.1 Federal courts
6.2 State courts
7 See also
8 References
9 External links
Economic basis[edit]
Constitutional economics studies issues such as the proper distribution of national wealth including government spending on the judiciary. In transitional and developing countries, spending on the judiciary may be controlled by the executive. This undermines the principle of judicial independence because it creates a financial dependence of the judiciary on the executive. It is important to distinguish between two methods of corruption of the judiciary: the state (through budget planning and privileges) being the most dangerous, and private. State corruption of the judiciary can impede the ability of businesses to optimally facilitate the growth and development of a market economy.[1]
In some countries, the constitution also prohibits the legislative branch from reducing salaries of sitting judges.
Development of the concept[edit]
National and international developments[edit]
The development of judicial independence has been argued to involve a cycle of national law having an impact on international law, and international law subsequently impacting national law.[2] This is said to occur in three phases: the first phase is characterized by the domestic development of the concept of judicial independence, the second by the spread of these concepts internationally and their implementation in international law, and the third by the implementation in national law of these newly formulated international principles of judicial independence.[2]
A notable example illustrating this cycle is the United Kingdom. The first phase occurred in England with the original conception of judicial independence in the Act of Settlement 1701.[3] The second phase was evident when England’s concepts regarding judicial independence spread internationally, and were adopted into the domestic law of other countries; for instance, England served as the model for Montesquieu’s separation of powers doctrine,[4] and the Founding Fathers of the US Constitution used England as their dominant model in formulating the Constitution’s Article III, which is the foundation of American judicial independence.[5] Other common law countries, including Canada, Australia, and India, also adopted the British model of judicial independence.[6]
In recent decades the third phase of judicial independence has been evident in the UK,[7] as it has been significantly influenced by judicial independence principles developed by international human rights constitutional documents. The European Court of Human Rights (ECtHR) has had a significant impact on the conceptual analysis of judicial independence in England and Scotland. This process began in the 1990s with the ECtHR hearing UK cases and, more significantly, in the application of the European Convention on Human Rights in British law through the Human Rights Act 1998, which came into force in the UK in 2000.[8]
Where British national law had previously impacted the international development of judicial independence, the British Constitutional Reform Act 2005[9] marked a shift, with international law now impacting British domestic law. The Constitutional Reform Act dramatically reformed government control over the administration of justice in England and Wales; importantly, it discontinued the position of the Lord Chancellor, one of the country’s oldest constitutional offices, who was entrusted with a combination of legislative, executive, and judicial capacities.[10] The Lord Chancellor served as speaker of the Upper House of Parliament, the House of Lords; as a member of the executive branch and member of the senior cabinet; and as the head of the judiciary. Historically, the appellate function had a connection with the executive branch due to the types of cases typically heard – impeachment and the hearing of felony charges against peers.[11] The Constitutional Reform Act established new lines of demarcation between the Lord Chancellor and the judiciary, transferring all the judicial functions to the judiciary and entrusting the Lord Chancellor only with what are considered administrative and executive matters. In addition, the Constitutional Reform Act replaced the Lord Chancellor by the Lord Chief Justice as head of the judiciary, separated the judicial Appellate Committee of the House of Lords from the legislative parliament, reforming it as the Supreme Court, and creating a Judicial Appointments Commission.[12] The creation of the Supreme Court was important, for it finally separated the highest court of appeal from the House of Lords.[13]
Thus, the United Kingdom, where judicial independence began over three hundred years ago, illustrates the interaction over time of national and international law and jurisprudence in the area of judicial independence. In this process, concepts and ideas have become enriched as they have been implemented in successive judicial and political systems, as each system has enhanced and deepened the concepts and ideas it actualized. In addition to the UK, similar developments of conceptual cross-fertilization can be seen internationally, for example in European Union law,[14] in civil law countries such as Austria, and in other common law jurisdictions including Canada.[15]
International standards[edit]
The International Association of Judicial Independence and World Peace produced the Mt. Scopus International Standards of Judicial Independence between 2007 and 2012. These built on the same association's New Delhi Minimum Standards on Judicial independence adopted in 1982 and their Montréal Universal Declaration on the Independence of Justice in 1983. Other influences they cite for the standards include the UN Basic Principles of Judicial Independence from 1985, the Burgh House Principles of Judicial Independence in International Law (for the international judiciary), Tokyo Law Asia Principles, Council of Europe Statements on judicial independence (particularly the Recommendation of the Committee of Ministers to Member States on the independence, efficiency and role of judges), the Bangalore Principles of Judicial Conduct 2002, and the American Bar Association's revision of its ethical standards for judges.[16]
The justice system[edit]
In recent years, the principle of judicial independence has been described as one of the core values of the justice system.[17]
Canada[edit]
Canada has a level of judicial independence entrenched in its Constitution, awarding superior court justices various guarantees to independence under sections 96 to 100 of the Constitution Act, 1867. These include rights to tenure (although the Constitution has since been amended to introduce mandatory retirement at age 75) and the right to a salary determined by the Parliament of Canada (as opposed to the executive). In 1982 a measure of judicial independence was extended to inferior courts specializing in criminal law (but not civil law) by section 11 of the Canadian Charter of Rights and Freedoms, although in the 1986 case Valente v. The Queen it was found these rights are limited. They do, however, involve tenure, financial security and some administrative control.
The year 1997 saw a major shift towards judicial independence, as the Supreme Court of Canada in the Provincial Judges Reference found an unwritten constitutional norm guaranteeing judicial independence to all judges, including civil law inferior court judges. The unwritten norm is said to be implied by the preamble to the Constitution Act, 1867. Consequently, judicial compensation committees such as the Judicial Compensation and Benefits Commission now recommend judicial salaries in Canada. There are two types of judicial independence: institutional independence and decisional independence. Institutional independence means the judicial branch is independent from the executive and legislative branches. Decisional independence is the idea that judges should be able to decide cases solely based on the law and facts, without letting the media, politics or other concerns sway their decisions, and without fearing penalty in their careers for their decisions.
Hong Kong[edit]
In Hong Kong, independence of the judiciary has been the tradition since the territory became a British crown colony in 1842. After the 1997 transfer of sovereignty of Hong Kong to the People's Republic of China pursuant to the Sino-British Joint Declaration, an international treaty registered with the United Nations, independence of the judiciary, along with continuation of English common law, has been enshrined in the territory's constitutional document, the Basic Law.[18][19] In recent years, this independence has been put into question after a number of interventions from China on several cases which swayed rulings in the Executive's favour, most notably the Hong Kong Legislative Council oath-taking controversy of 2016.[20]
United Kingdom[edit]
England and Wales[edit]
Main article: Judiciary of England and Wales
History[edit]
During the middle ages, under the Norman monarchy of the Kingdom of England, the king and his Curia Regis held judicial power. Judicial independence began to emerge during the early modern period; more courts were created and a judicial profession grew. By the fifteenth century, the king's role in this feature of government became small.[21] Nevertheless, kings could still influence courts and dismiss judges. The Stuart dynasty used this power frequently in order to overpower the Parliament of England. After the Stuarts were removed in the Glorious Revolution of 1688, some advocated guarding against royal manipulation of the judiciary. King William III approved the Act of Settlement 1701, which established tenure for judges unless Parliament removed them.[22][23]
Contemporary usage[edit]
Under the uncodified British Constitution, there are two important conventions which help to preserve judicial independence. The first is that the Parliament of the United Kingdom does not comment on the cases which are before the court. The second is the principle of parliamentary privilege: that Members of Parliament are protected from prosecution in certain circumstances by the courts.[citation needed]
Furthermore, the independence of the judiciary is guaranteed by the Constitutional Reform Act 2005.[24] In order to try to promote the independence of the judiciary, the selection process is designed to minimize political interference. The process focuses on senior members of the judiciary rather than on politicians. Part 2 of the Tribunals, Courts and Enforcement Act 2007 aims to increase diversity among the judiciary.[citation needed]
The pay of judges is determined by an independent pay review body. It makes recommendations to the government after taking evidence from a variety of sources. The government accepts these recommendations and will traditionally implement them fully. As long as judges hold their positions in "good order," they remain in post until they wish to retire or until they reach the mandatory retirement age of 70.[citation needed]
Until 1 January 2010, the legal profession was self-regulating; with responsibility for implementing and enforcing its own professional standards and disciplining its own members. The bodies which performed this function were the Bar Council and the Law Society. However, this self-regulation came to an end when approved regulators came under the regulation of the Legal Services Board, composed of non-lawyers, following the passage of the Legal Services Act 2007. This saw the establishment of the Solicitors Regulation Authority to regular solicitors and the Bar Standards Board to regulate barristers.[25]
United States of America[edit]
Federal courts[edit]
Article III of the United States Constitution establishes the federal courts as part of the federal government.
The Constitution provides that federal judges, including judges of the Supreme Court of the United States, are appointed by the President "by and with the advice and consent of the Senate." Once appointed, federal judges:
...both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
Federal judges vacate office only upon death, resignation, or impeachment and removal from office by Congress; only 13 federal judges have ever been impeached. The phrase "during good behavior" predates the Declaration of Independence. John Adams equated it with quamdiu se bene gesserint in a letter to the Boston Gazette published on 11 January 1773,[26] a phrase that first appeared in section 3 of the Act of Settlement 1701 in England.
The President is free to appoint any person to the federal bench, yet typically he consults with the American Bar Association, whose Standing Committee on the Federal Judiciary rates each nominee "Well Qualified," "Qualified" or "Not Qualified."
State courts[edit]
State courts deal with independence of the judiciary in many ways, and several forms of judicial selection are used for both trial courts and appellate courts (including state supreme courts), varying between states and sometimes within states. In some states, judges are elected (sometime on a partisan ballot, other times on a nonpartisan one), while in others they are appointed by the governor or state legislature.
The 2000 case of Bush v. Gore, in which a majority of the Supreme Court, including some appointees of President George H. W. Bush, overruled challenges to the election of the George W. Bush then pending in the Florida Supreme Court, whose members had all been appointed by Democratic governors, is seen by many as reinforcing the need for judicial independence, both with regard to the Florida Supreme Court and the US Supreme Court. This case has focused increased attention on judicial outcomes as opposed to the traditional focus on judicial qualifications.
See also[edit]
Judicial reform
Judiciary in Russia
Political corruption § Judiciary corruption
Rule According to Higher Law
Rule of law
Separation of powers
References[edit]
Jump up ^ Peter Barenboim, Defining the rules, The European Lawyer, Issue 90, October 2009
^ Jump up to: a b S Shetreet, ‘The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges’ (2009) 10 Chicago Journal of International Law 275-332
Jump up ^ See generally Shimon Shetreet book, Judges on Trial.
Jump up ^ See Baron de Montesquieu, The Spirit of the Laws (Hafner 1949) (Thomas Nugent, trans).
Jump up ^ Article III of the US Constitution provides that “the judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation which shall not be diminished during their continuance in office.”
Jump up ^ Shetreet, Judicial Independence. See also Peter H. Russell, The Judiciary in Canada: The Third Branch of Government (McGraw-Hill Ryerson 1987); John Bell, Judicial Cultures and Judicial Independence, 4 Cambridge YB Eur Legal Studies 47 (2001).
Jump up ^ UK Human Rights Act - 1998
Jump up ^ Human Rights Act (1998), ch 42 (UK), available online at < "Archived copy". Archived from the original on 2010-09-01. Retrieved 2013-01-02. > (visited Mar 27, 2009).
Jump up ^ Constitutional Reform Act (2005), ch 4 (UK). For a detailed analysis of the history of this act, see Lord Windlesham, The Constitutional Reform Act 2005: The Politics of Constitutional Reform, 2006 Pub L 35; Lord Windlesham, The Constitutional Reform Act 2005: Ministers, Judges and Constitutional Change, 2005 Pub L 806. For accounts of the main players, see Lord Woolf, The Pursuit of Justice 161–74 (Oxford 2008); Lord Phillips, Constitutional Reform: One Year On, The Judicial Studies Board Annual Lecture (Mar 22, 2007); Lord Woolf, The Rule of Law and a Change in the Constitution, 2004 Camb L J 317; Tom Bingham, The Business of Judging: Selected Essays and Speeches 55–68 (Oxford 2000). All three authors served as lord chief justice in these formative years. Lord Woolf was active in the shaping of the legislation and Lord Phillips succeeded him
Jump up ^ Anthony Seldon, Ed., Blair's Britain, 1997-2007 (Cambridge University Press: 2007), at 294
Jump up ^ Robert Stevens, Law and Politics: The House of Lords as a Judicial Body, 1800-1976 (University of North Carolina Press, 1978), at 6
Jump up ^ Anthony Seldon, Ed., Blair's Britain, 1997-2007 (Cambridge University Press: 2007), at 294
Jump up ^ Anthony Seldon, Ed., Blair's Britain, 1997-2007 (Cambridge University Press: 2007), at 113
Jump up ^ See Treaty on European Union, art F, 1992 OJ (C 191) 1 (Jul 29, 1992). Paragraph 2 of Article F states, “The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms . . . and as they result from the constitutional traditions common to the Member States, as general principles of Community law.”
Jump up ^ See, for example, Valente v The Queen, [1985] 2 SCR 673 (Canada)
Jump up ^ "Mt. Scopus Approved Revised International Standards of Judicial Independence Approved March 19, 2008". International Association of Judicial Independence and World Peace - International Project of judicial independence. Retrieved 11 October 2014.
Jump up ^ Shimon Shetreet, Fundamental Values of the Justice System, 23 THE EUROPEAN BUSINESS LAW REVIEW 61-76, (2012).
Jump up ^ "The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China"- Chapter 1, basiclaw.gov.HK, 17 March 2008. Retrieved 2016-07-14.
Jump up ^ "The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China"- Chapter 4, Section 4, basiclaw.gov.HK, 17 March 2008. Retrieved 2016-07-14.
Jump up ^ "Hundreds of Hong Kong lawyers in silent march against Beijing oath ruling". South China Morning Post. 8 November 2016.
Jump up ^ Justice Gerard La Forest, Provincial Judges Reference, Supreme Court of Canada, para. 305.
Jump up ^ "Independence". Courts and Tribunals Judiciary. Retrieved 9 November 2014.
Jump up ^ Justice Gerard La Forest, Provincial Judges Reference, para. 306.
Jump up ^ "Constitutional reform". Courts and Tribunals Judiciary. Retrieved 9 November 2014.
Jump up ^ UK Parliament. Legal Services Act 2007 as amended (see also enacted form), from legislation.gov.uk.
Jump up ^ Adams, John (1851). The Works of John Adams, Vol 3. Boston: Little and Brown. p. 522.
External links[edit]
Independence of the judicial system Part I. The Independence of Judges Part II - the Prosecution Service Venice Commission, 2010
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