A Discipline of Judicial Governance?
Gar Yein Ng
Central European University (CEU); University of Oslo - Norwegian Centre for Human Rights
January 31, 2011
Utrecht Law Review, Vol. 7, No. 1, pp. 101-116, 2011
The problem this article seeks to deal with is that legal standards are insufficient to support the needs of judicial governance in Europe (i.e. in terms of efficiency, public accountability and modernisation (in terms of technology) in interfacing with and meeting public needs. Given this problem, I will look at what approach should be taken instead. This article posits that an inter-disciplinary approach, taking in law, politics, economics and management, should be taken: i.e. a discipline of judicial governance.
I am going to reintroduce the principle of accountability from a different perspective than the traditional constitutional and legal perspective that focuses mainly upon judicial independence, procedural law and human rights. My theory is that there should be an inter-disciplinary approach to judicial governance. Legal standards are insufficient by themselves to hold the judicial office to account, given the requirements for increased accountability by politicians (for the functioning of courts); the public (for unpopular and seemingly unjust outcomes of judgments); and internally to their peers, both judicial and administrative (for the functioning of individual organisations and judges).
Number of Pages in PDF File: 15
Keywords: judiciary, administration, judicial independence, judicial accountabilityAccepted Paper Series
Date posted: February 17, 2011
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