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Regulating Judges
Beyond Independence and Accountability
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Synopsis
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 New & Used
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What Reviewers Are Saying
'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
--Susan Saab Fortney, Texas A&M University, School of Law