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 8: Just ‘the mouth’ of statutory law or more? The theory and practice of judicial regulation in Germany

Christian Wolf and Fabienne Klass

Abstract

This chapter provides an overview of judicial regulation in Germany. It demonstrates the impact of judges’ changing roles on the legal system of the country. The chapter starts with a historical summary of German judicial regulation, then outlines the appointment and promotion processes for judges as well as the present ethical and legal framework that constrains judges’ behaviour. The authors evaluate these frameworks and make proposals to improve judicial regulation.

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