Conceptualization(s) of Judicial Independence and Judicial Accountability by the European Network of Councils for the Judiciary: Two Steps Forward, One Step Back
| Autor: | Samuel Spáč, David Kosař |
|---|---|
| Jazyk: | angličtina |
| Rok vydání: | 2018 |
| Předmět: |
050502 law
Conceptualization European Network of Councils for the Judiciary Judicial Independence and Accountability Measurement Indicators media_common.quotation_subject 05 social sciences European Network of Councils for the Judiciary Judicial Independence and Accountability Measurement Indicators Judicial independence 16. Peace & justice Transparency (behavior) Independence Administration (probate law) 0506 political science Political science lcsh:K1-7720 Accountability 050602 political science & public administration Public trust lcsh:Law in general. Comparative and uniform law. Jurisprudence Empirical evidence Law 0505 law Law and economics media_common |
| Zdroj: | International Journal for Court Administration, Vol 9, Iss 3, Pp 37-46 (2018) International Journal For Court Administration International Journal for Court Administration |
| ISSN: | 2156-7964 |
| Popis: | This article focuses on conceptual issues regarding the new methodology of the European Network of Councils for the Judiciary (ENCJ) for measuring judicial independence and accountability. First, we argue that the proposal mixes up several concepts – judicial independence, judicial accountability, transparency of the judiciary, and public trust in the judiciary – which should be treated separately. Second, the proposal relies too much on conceptions of independence developed by the judicial community. As a result, it treats judicial administration with higher levels of involvement of judges as inherently better without empirical evidence, and does not sufficiently distinguish between de iure and de facto judicial independence. Moreover, the ENCJ’s indicators of judicial accountability are underinclusive as well as overinclusive and do not correspond to the traditional understanding of the concept. Finally, we argue that the ENCJ has to accept the possibility that (at least some types of) judicial councils (at least in some jurisdictions) might negatively affect (at least some facets of) judicial independence and judicial accountability. As a result, the ENCJ must adjust the relevant indicators accordingly. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
|