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Regulating Judges: Beyond Independence and Accountability

Regulating Judges: Beyond Independence and Accountability

Author: Richard Devlin; Adam Dodek
Publisher: Edward Elgar Publishing
ISBN: 9781786430786
Published In: December 2016
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability.

Drawing on regulatory theory, Devlin and Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.

This innovative and provocative analysis of the many different ways that judiciaries around the world are regulated covers common law, civil law and other legal systems, and the developed and developing world.

Contributors include a diverse talent pool of established scholars and new voices for a globally inclusive comparative examination of judiciaries in Europe, Asia, Africa, the Americas and Australia. The overall conclusion is that the regulation of judges is very much a work in progress, and that a variety of actors bear responsibility for moving the project forward.

Scholars in the fields of law, social sciences, regulation theory, and public administration will find Regulating Judges an impactful read, as will regulators, public policy makers and analysts, and judges themselves.

Foreword
Justice Richard Goldstone
1. Regulating Judges: Challenges, Controversies and Choices
Richard Devlin and Adam Dodek
2. The Australian Judiciary: Resistant to Reform?
Gabrielle Appleby and Suzanne Le Mire
3. Beyond Independence and Accountability: Balancing Judicial Regulation in Brazil
Maria Angela Jardim de Santa Cruz Oliveira
4. ‘Fighting Words’: Regulating Judges in Canada
Adam Dodek and Richard Devlin
5. Moving Target – The Regulation Of Judges In China’s Rapidly Evolving Legal System
Ray Worthy Campbell and Fu Yulin
6. Regulatory Reform in Croatia: An Uphill Battle to Enhance Public Confidence
Dubravka Akšamovi?
7. Judicial Policy in England and Wales: A New Regulatory Space
Graham Gee
8. Just ‘The Mouth’ of Statutory Law or More?: The Theory and Practice of Judicial Regulation in Germany
Christian Wolf and Fabienne Klass
9. Balancing The Scales Of Justice In India: From Parliamentary Supremacy To Judicial Supremacy And Back?
Tony George Puthucherril
10. Reluctant Reformers? Formalising Judicial Regulation in Ireland
David Fennelly
11. Decentralized Regulation: Reconciling Interbranch Tensions in Israel
Limor Zer-Gutman
12. Clash of Visions: Regulating Judges and Prosecutors In Italy
Marco Fabri
13. Regulating Judges, Japanese-Style: The Prevalence of Informal Mechanisms
Kay-Wah Chan
14. A Judicial Code of Ethics: Regulating Judges and Restoring Public Confidence in Malaysia
Jaclyn L. Neo and Helena Whalen-Bridge
15. Discipline and Modernise: Regulating New Zealand Judges
Tim Dare
16. The Portuguese Judiciary Amid Old and New Crises
Fernando Dias Simões
17. An Internal Code of Ethics: Regulating Judges in Singapore
Helena Whalen-Bridge and Jaclyn Neo
18. Regulating Judges in Russia’s Dual State: Between Constitutional and Administrative Regimes
Alexei Trochev
19. Struggling to Adapt: Regulating Judges in South Africa
Hugh Corder
20. Regulating Judges in The United States: Concerns for Public Confidence
Sarah M.R. Cravens
Index