Regulating Judges
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Regulating Judges

Beyond Independence and Accountability

Edited by Richard Devlin and Adam Dodek

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, Richard Devlin and Adam 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.
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Chapter 4: ‘Fighting words’: regulating judges in Canada

Adam Dodek and Richard Devlin

Abstract

In this chapter, the authors adopt and deploy the regulatory pyramid proposed in the Introduction to this book. They argue that the pyramid functions very effectively to illustrate the complexity and contingency of judicial regulation in Canada. In particular they propose that Canada is an excellent case study of the complex mix of regulatory mechanisms – from self-regulation through accommodative regulation to external regulation – that are used to regulate a judiciary. They conclude by suggesting that while Canada has a relatively positive regulatory regime, there are several areas where improvement is urgently required, especially in the realms of appointments, discipline and evaluation.

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