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 10: Reluctant reformers? Formalizing judicial regulation in Ireland

David Fennelly

Abstract

Ireland’s judiciary, though small in size, has developed a strong tradition of independence and enjoys a high level of public confidence. If recent controversies have called into question some of the unarticulated traditional conventions about the role of the judiciary and its relations with the political organs, they have also arguably led to an important debate about judicial regulation in Ireland. While the judiciary itself has been proactive in seeking reform, it has met with reluctance from the political organs whose cooperation is essential for meaningful regulatory reform.

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