Devlin, Richard; Dodek, Adam --- "Regulating judges: challenges, controversies and choices" [2016] ELECD 1550; in Devlin, Richard; Dodek, Adam (eds), "Regulating Judges" (Edward Elgar Publishing, 2016) 1

Book Title: Regulating Judges

Editor(s): Devlin, Richard; Dodek, Adam

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786430786

Section: Chapter 1

Section Title: Regulating judges: challenges, controversies and choices

Author(s): Devlin, Richard; Dodek, Adam

Number of pages: 34

Abstract/Description:

In this Introduction to Regulating Judges: Beyond Independence and Accountability the authors begin by outlining the conventional frame of reference adopted in the judicial studies literature as being premised upon an independence/accountability continuum. While recognizing the strengths of this traditional approach, the authors argue that analyses of the judiciary could be enriched by adopting some of the insights from contemporary regulation theory. On this foundation they then develop a new conceptual framework based upon a regulatory pyramid comprised of values, processes, resources and outcomes. The latter part of the chapter then road-tests this innovative paradigm by filtering the 19 chapters through the regulatory pyramid to: (a) identify a number of common challenges; (b) highlight several significant controversies; and (c) emphasize the plurality of choices available for the regulation of judges.