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 15: Discipline and modernize: regulating New Zealand judges

Tim Dare


The regulatory framework around New Zealand judges has changed dramatically in recent decades. New procedures for appointing judges were adopted in 1999; new judicial complaints procedures came into force in 2004 (and were tested in a controversial case in 2010), and a Bill promising to make courts more transparent, modern and efficient is likely to come to Parliament for its third and final reading in 2016. These changes have been framed in terms of the balance between independence and accountability, but there has also been recognition of the shortcomings of that dyadic paradigm. This chapter presents and considers the recent changes in light of the alternative models of judicial regulation proposed by Devlin and Dodek.

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