Hardback
Regulating Judges
Beyond Independence and Accountability
9781786430786 Edward Elgar Publishing
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, Richard Devlin and Adam 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.
More Information
Critical Acclaim
Contributors
Contents
More Information
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, Richard Devlin and Adam 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 Oceania. 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.
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 Oceania. 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.
Critical Acclaim
‘The book makes a fine addition to comparative legal scholarship, and comparative lawyers interested in courts and judges will find it to be a useful resource. The editors'' ambition to encourage a broader view of courts through the application of regulatory theory, and by explicitly considering values, processes, resources and outcomes, is to be applauded as it stands to lead to a richer and more nuanced understanding of the judicial institution.’
– Lorne Neudorf, Cambridge Law Journal
‘Too often, the regulation of judges is justified as striking a ‘balance’ (usually at an arbitrary point) between judicial independence and public accountability. Regulating Judges breaks from this thinking, resetting an analysis of judicial regulation inside a three-dimensional pyramid of processes, resources, values and outcomes. Devlin and Dodek have mustered an impressive team of scholars to re-evaluate judicial regulation in 19 countries – many themselves constitutionally complex. The result is a weighty collection of intellectual depth and unprecedented geographic breadth. Scholars, judiciaries and, above all, governments should read Regulating Judges and learn and digest its insights.’
– Reid Mortensen, Legal Ethics
‘We often use the accountability-independence dichotomy to examine judicial conduct. In their book, Regulating Judges: Beyond Independence and Accountability, Professors Richard Devlin and Adam Dodek illuminate the limitations of this approach, developing a more complete regulatory pyramid to capture the complex and multidimensional environment in which judges function. In judging judges, the pyramid provides a framework for examining current systems and proposed changes for decades to come.’
– Susan Saab Fortney, Texas A&M University School of Law, US
– Lorne Neudorf, Cambridge Law Journal
‘Too often, the regulation of judges is justified as striking a ‘balance’ (usually at an arbitrary point) between judicial independence and public accountability. Regulating Judges breaks from this thinking, resetting an analysis of judicial regulation inside a three-dimensional pyramid of processes, resources, values and outcomes. Devlin and Dodek have mustered an impressive team of scholars to re-evaluate judicial regulation in 19 countries – many themselves constitutionally complex. The result is a weighty collection of intellectual depth and unprecedented geographic breadth. Scholars, judiciaries and, above all, governments should read Regulating Judges and learn and digest its insights.’
– Reid Mortensen, Legal Ethics
‘We often use the accountability-independence dichotomy to examine judicial conduct. In their book, Regulating Judges: Beyond Independence and Accountability, Professors Richard Devlin and Adam Dodek illuminate the limitations of this approach, developing a more complete regulatory pyramid to capture the complex and multidimensional environment in which judges function. In judging judges, the pyramid provides a framework for examining current systems and proposed changes for decades to come.’
– Susan Saab Fortney, Texas A&M University School of Law, US
Contributors
Contributors: D. Akšamović, G. Appleby, R.W. Campbell, K.-W. Chan, H. Corder, S.M.R. Cravens, T. Dare, R. Devlin, F. Dias Simões, A. Dodek, M. Fabri, D. Fennelly, G. Gee, R. Goldstone, M.A. Jardim de Santa Cruz Oliveira, F. Klass, S. Le Mire, J.L. Neo, T.G. Puthucherril, A. Trochev, H. Whalen-Bridge, C. Wolf, F. Yulin, L. Zer-Gutman
Contents
Contents:
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 Akšamović
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? Formalizing Judicial Regulation in Ireland
David Fennelly
11. Decentralized Regulation: Reconciling Inter-branch 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
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 Akšamović
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? Formalizing Judicial Regulation in Ireland
David Fennelly
11. Decentralized Regulation: Reconciling Inter-branch 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
