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