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  • 标题:A discipline of judicial governance?
  • 本地全文:下载
  • 作者:Gar Yein Ng
  • 期刊名称:Utrecht Law Review
  • 电子版ISSN:1871-515X
  • 出版年度:2011
  • 卷号:7
  • 期号:1
  • 页码:102-116
  • DOI:10.18352/ulr.149
  • 出版社:Igitur, Utrecht Publishing and Archiving Services
  • 摘要: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).
  • 关键词:judiciary; administration; judicial independence; judicial accountability
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