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 7: Judicial policy in England and Wales: a new regulatory space

Graham Gee


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 A highly informal, closed and secretive regime characterized by relatively unfettered ministerial discretion has been replaced by a more formal, open and inclusive regulatory space in which the essential dynamic is increasing judicial self-governance and a corresponding reduction in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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