Disciplining judges : contemporary challenges and controversies

Full Title:

Disciplining judges : contemporary challenges and controversies

Other Author:

Devlin, Richard.
Wildeman, Sheila.

Statement of Responsibility:

edited by Richard Devlin and Sheila Wildeman

Language:

English

Description:

384 p.

Summary:

Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this...

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Summary:

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Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime 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.

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Contents:

• 1 Introduction: Disciplining judges – exercising statecraft 1 • 2 Regulation of judicial misconduct in Australia: why, how and where next? 23 • 3...

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Contents:

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• 1 Introduction: Disciplining judges – exercising statecraft 1 • 2 Regulation of judicial misconduct in Australia: why, how and where next? 23 • 3 The Canadian Judicial Council’s (elusive) quest for legitimacy 49 • 4 The long march to professionalizing judicial discipline in China 78 • 5 Fighting with the ghosts of the past: the discipline process for judges in Croatian law 107 • 6 Judicial conduct, complaints and discipline in England and Wales: assessing the new approach 130 • 7 ‘Belling the cat’: judicial discipline in India 155 • 8 Why is the complaints procedure still lacking in Italy? The difficult pathway towards a more transparent, inclusive and effective disciplinary system 179 • 9 Shifting the balance: public perspective and the Japanese judicial discipline process 204 • 10 Disciplinary control of judges in the Netherlands: a vulnerable system 225 • 11 The politics of regulating and disciplining judges in Nigeria 254 • 12 Weaponizing judicial discipline: Poland 278 • 13 Judge and be judged: judicial discipline in South Africa 308 • 14 Legal process theory and judicial discipline in the United States 334 • Index

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Publisher & Date:

Cheltenham : Edward Elgar Publishing, 2021.

Date of Publication:

2021

Publisher:

Edward Elgar Publishing

Classification:

C 281.6

ISBN:

9781789902365 (hbk)
9781789902372 (ebook)