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 12: Clash of visions: regulating judges and prosecutors in Italy

Marco Fabri

Abstract

The Italian justice system does not function properly. In particular, the Italian judiciary suffers from huge caseloads, excessively lengthy judicial proceedings, and a general lack of legitimacy among Italian citizens. For some policy makers, the poor performance, specifically the unreasonable length of proceedings, is also due to excessive self-regulation of judges and prosecutors, without any real mechanism for accountability. For the judiciary, very often executive proposals to improve the justice system are considered useless, perceived as punitive and threatening to the independence of judges and prosecutors.

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