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Disciplining Judges: Contemporary Challenges and Controversies

Disciplining Judges: Contemporary Challenges and Controversies

Author: Richard Devlin; Sheila Wildeman
Publisher: Edward Elgar Publishing
ISBN: 9781789902365
Published In: January 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.

The jurisdictions examined are Australia, Canada, China, Croatia, England and Wales, India, Italy, Japan, the Netherlands, Nigeria, Poland, South Africa, and the United States. The core findings are four-fold. First, the norms and practices of each discipline regime differ in ways that reflect distinct social, political, and cultural contexts. Second, some jurisdictions are doing better than others in responding to challenges of designing a nuanced and normatively defensible regime. Third, no jurisdiction has yet managed to construct a regime that can be said to adequately promote public confidence. Finally, important lessons can be learned through analysis of, and critically constructive engagement with, other jurisdictions.

The first comprehensive comparative collection on judicial discipline systems, Disciplining Judges, will inspire new conversations among academics, students, judges, governmental officials and political scientists.

1. Introduction: Disciplining judges – exercising statecraft, Richard Devlin and Sheila Wildeman

2. Regulation of judicial misconduct in Australia: why, how and where next?, Suzanne Le Mire

3. The Canadian Judicial Council’s (elusive) quest for legitimacy, Richard Devlin and Sheila Wildeman

4. The long march to professionalizing judicial discipline in China, Susan Finder

5. Fighting with the ghosts of the past: the discipline process for judges in Croatian law, Dubravka Aksamovic and Sanja Mišević

6. Judicial conduct, complaints and discipline in England and Wales: assessing the new approach, Graham Gee

7. ‘Belling the cat’: judicial discipline in India, Tony George Puthucherril

8. Why is the complaints procedure still lacking in Italy? The difficult pathway towards a more transparent, inclusive and effective disciplinary system, Daniela Cavallini

9. Shifting the balance: public perspective and the Japanese judicial discipline process, Sarah M R Cravens

10. Disciplinary control of judges in the Netherlands: a vulnerable system, Jonathan E Soeharno

11. The politics of regulating and disciplining judges in Nigeria, Olabisi D Akinkugbe

12. Weaponizing judicial discipline: Poland, Fryderyk Zoll and Leah Wortham

13. Judge and be judged: judicial discipline in South Africa, Hugh Corder and Calli Solik

14. Legal process theory and judicial discipline in the United States, Dmitry Bam

Index;