Autonomy and Heteronomy of the Judiciary in Europe: General Introduction

3 Pages Posted: 25 Jan 2012

See all articles by Joxerramon Bengoetxea

Joxerramon Bengoetxea

Universidad del País Vasco (UPV/EHU); Oñati International Institute for the Sociology of Law

Heike Jung

Saarland University

Date Written: January 24, 2012

Abstract

Judges and the judiciary have always been a subject of debate. The questions of legitimacy, activism v self-restraint; appointment or selection, accountability, the rise of alternatives to formal justice, ADR, are at the heart of the discussion. However, the law-job of dispute resolution is not actually done by the judges on their own, nor in isolation; judges have many different sorts of collaborators and some of these can develop some scope for autonomy. At the same time the judiciary claims to be an independent power, but it is also a basic public service to the citizens; how can the public administration be involved in securing-facilitating this service? Finally, when deciding and interpreting the law judges often need to take into account norms belonging to different but coordinated legal systems and find coherence between them, and it can be questioned whether the method of conform interpretation they resort to might enhance or diminish their autonomy.

Keywords: Autonomy of Judges, Judicial Decision-Making, Judicial Adjudication, ADR, Judicial collaborators, Justice as service, Justice as power, conform interpretation

Suggested Citation

Bengoetxea, Joxerramon and Jung, Heike, Autonomy and Heteronomy of the Judiciary in Europe: General Introduction (January 24, 2012). Oñati Socio-Legal Series, Vol. 1, No. 9, 2011. Available at SSRN: https://ssrn.com/abstract=1991696

Joxerramon Bengoetxea (Contact Author)

Universidad del País Vasco (UPV/EHU) ( email )

Barrio Sarriena s/n
Leioa, Bizkaia 48940
Spain

Oñati International Institute for the Sociology of Law ( email )

Avenida de la Universidad, nr.8
20560 Oñati
Spain

Heike Jung

Saarland University ( email )

Stadtwald
Saarbrucken, Saarland D-66123
Germany

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