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 11: Decentralized regulation: reconciling inter-branch tensions in Israel

Limor Zer-Gutman

Abstract

The Israeli judiciary is characterized by a paradox: it lacks formal protection in law but it is strongly independent in practice. Israeli law does not grant independence to the judicial branch yet it does grant broad regulatory authority to the Minister of Justice and to the Parliament, which could discontinue the courts’ operations by a simple majority vote. The solution to this complexity is the creation of decentralized regulation of judges’ behaviour. Decentralized regulation is conducted both internally and externally, and its external workings are distributed among three separate bodies: the Minister of Justice, the Knesset and the Ombudsman, with the latter a fully independent body.

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