Beyond Independence and Accountability
Edited by Richard Devlin and Adam Dodek
Chapter 7: Judicial policy in England and Wales: a new regulatory space
This chapter explores the changing regulatory space occupied by judges in England and Wales. A highly informal, closed and secretive regime characterized by relatively unfettered ministerial discretion has been replaced by a more formal, open and inclusive regulatory space in which the essential dynamic is increasing judicial self-governance and a corresponding reduction in ministerial involvement. No longer is the running of the judicial system in the Lord Chancellor’s hands alone, but rather multiple actors have a role in the design, execution and review of judicial policy. The chapter considers the causes and consequences of this new collaborative regulatory space.
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