CiNii Books - Regulating judges : beyond independence and accountability

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. Contributors include: D. Aksamovic, G. Appleby, R.W. Campbell, K.-W. Chan, H. Corder, S.M.R. Cravens, T. Dare, R. Devlin, F. Dias Simoes, 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

Table of 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 Aksamovic 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 Simoes 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

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Regulating judges : beyond independence and accountability

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