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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.
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
Despite the widespread belief that Canada is a country of liberty,
equality, and inclusiveness, many persons with disabilities
experience social exclusion and marginalization. In this book,
twenty-four scholars from a variety of disciplines contend that
achieving equality for the disabled is not fundamentally a question
of medicine or health, nor is it an issue of sensitivity or
compassion. Rather, it is a question of politics, and of power and
powerlessness. This book argues that we need a new understanding of
participatory citizenship that encompasses the disabled, new
policies to respond to their needs, and a new vision of their
entitlements.
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