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Regulating Judges

Beyond Independence and Accountability Edited by Richard Devlin, Schulich School of Law, Dalhousie University and Adam Dodek, Faculty of Law, University of Ottawa, Canada
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.
Extent: 432 pp
Hardback Price: $170.00 Web: $153.00
Publication Date: 2016
ISBN: 978 1 78643 078 6
Availability: In Stock
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  • Law - Academic
  • Criminal Law and Justice
  • Regulation and Governance
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.
‘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: 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:

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