Regulating Judges
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 13: Regulating judges, Japanese-style: the prevalence of informal mechanisms

Kay-Wah Chan

Abstract

In Japan the interaction between institutional and informal mechanisms results in a de facto regulatory regime for judges. This contributes to judicial conservatism in politically sensitive cases and deviation from the underpinning values (such as judicial independence, impartiality and representativeness) of the foreign-influenced de jure regulatory regime that was established during the post-war Allied Occupation. But the public does not expect such values. Judicial conservatism has not caused public dissatisfaction or lack of confidence in the judiciary. At the same time, interference from the executive government is unlikely. Therefore, without a change in the public’s ideology, judicial conservatism in Japan will continue unabated.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.