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Disciplining Judges

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Disciplining Judges

Contemporary Challenges and Controversies

9781789902365 Edward Elgar Publishing
Edited by Richard Devlin, FRSC, Professor and Acting Dean and Sheila Wildeman, Associate Professor, Dalhousie University, Schulich School of Law, Nova Scotia, Canada
Publication Date: January 2021 ISBN: 978 1 78990 236 5 Extent: c 336 pp
Globally, countries are faced with a complex act of statecraft: how to design and deploy a regime of defensible complaints and discipline 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.

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Globally, countries are faced with a complex act of statecraft: how to design and deploy a regime of defensible complaints and discipline 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.
Critical Acclaim
'Disciplining Judges represents a new and important contribution to the fields of Public Law and judicial studies. It positions judicial discipline as an essential component of constitutionalism and the rule of law. This marvellous collection of diverse essays probes the shifting power dynamics through which the judicial, executive and legislative branches interact.’
– Dean Adam Dodek, University of Ottawa, Canada

‘The constitutional governance question of how jurisdictions ought to deal with allegations of judicial misbehaviour is one that goes to the heart of foundational public law questions about the judicial role, judicial integrity and judicial independence. Devlin and Wildeman have performed an important public law service in bringing together this collection of critical scholarship, which will be the definitive comparative handbook on the issue going forward.’
– Gabrielle Appleby, University of New South Wales, Australia
Contributors
Contributors include: O.D. Akinkugbe, D. Aksamovic, D. Bam, D. Cavallini, H. Corder, S.M.R. Cravens, R. Devlin, S. Finder, G. Gee, S. Le Mire, T.G. Puthucherril, S. Mišević, J.E. Soeharno, C. Solik, S. Wildeman, L. Wortham, F. Zoll

This title is available for institutional purchase via Elgaronline.

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