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 18: Regulating judges in Russia’s dual state: between constitutional and administrative regimes

Alexei Trochev

Abstract

The tension between constitutionalism and administrative arbitrariness complicates regulation of the Russian judiciary, a large bureaucracy that (a) mediates this tension through the mechanisms of acceptance, adaptation and resistance in order to conserve and reproduce internal judicial lines of accountability and control; and (b) produces paradoxical outcomes of judicial performance.

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