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 9: Balancing the scales of justice in India: from parliamentary supremacy to judicial supremacy and back?

Tony George Puthucherril

Abstract

Right from the time that the Supreme Court of India was established, there has been a phenomenal surge in litigation at all levels of the judiciary and, presently, the justice delivery system is reeling under the impact of a pendency of gargantuan proportions. Clearly, this does not bode well for the sustenance of the rule of law, democracy and sustainable economic growth. The chapter identifies some of the critical issues that plague the Indian judiciary and examines recent initiatives adopted to reform the system. Specifically, the chapter argues that given the pre-eminent position that the judiciary has created for itself, it is essential that this institution place considerable emphasis on self-regulation to ensure that its unique position and independence are not compromised.

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