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Articles 1 - 8 of 8
Full-Text Articles in Judges
Introduction: Disciplining Judges – Exercising Statecraft, Richard Devlin, Sheila Wildeman
Introduction: Disciplining Judges – Exercising Statecraft, Richard Devlin, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.
The jurisdictions examined are Australia, Canada, China, Croatia, England and Wales, India, Italy, Japan, the Netherlands, Nigeria, Poland, South Africa, and the United States. The core findings are four-fold. First, the norms and practices …
The Politics Of Regulating And Disciplining Judges In Nigeria, Olabisi D. Akinkugbe
The Politics Of Regulating And Disciplining Judges In Nigeria, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The disciplining of judges is a sensitive and complex challenge. In Nigeria, the complexity is heightened because the process is complicated by socio-political factors and public views about the motivations for disciplining some judges, including claims of political interference by the ruling government. This Chapter argues that both judicial discipline and the work of the National Judicial Council (NJC) – the body responsible for judicial regulation in Nigeria – are caught up within Nigeria’s peculiar socio-politics, a reality that a strictly legal analysis will miss. The Chapter analyzes contemporary challenges and controversies associated with the complaints and discipline procedure in …
Dirty Laundry: Judicial Appointments In Canada, Richard Devlin
Dirty Laundry: Judicial Appointments In Canada, Richard Devlin
Articles, Book Chapters, & Popular Press
The issue of the appointment of judges is not a freestanding problem. Rather, as Adam Dodek and I have argued, it is part of a larger public policy puzzle, the challenge of designing an appropriate regulatory regime for judges. Any description, analysis, assessment or critique of judicial appointments processes necessarily requires the development and deployment of some conceptual framework. Sometimes such a framework is implicit or taken for granted. However, in our opinion, it is better if we can make that framework—that paradigm—explicit because we can then more clearly understand the nature of the evaluative process in which we are …
From Archetypes To Architects: Re-Envisioning The Role Morality Of Trial Level Judges, Richard Devlin Frsc
From Archetypes To Architects: Re-Envisioning The Role Morality Of Trial Level Judges, Richard Devlin Frsc
Articles, Book Chapters, & Popular Press
In this article, I build upon the concepts of role-differentiated behaviour and role morality to reflect upon the privileges and responsibilities of being a trial judge. In particular, I will suggest there are at least two (potentially competing) professional archetypes for judicial role morality, which at this point I will tentatively describe as the mechanics and the innovators. Both of these archetypes agree that the governing principles should be integrity, honesty, independence, impartiality, fairness, et cetera, but they differ in their understanding of how best to put these ideals into effect in the real world. In due course, I will …
Ivan Rand's Ancient Constitutionalism, Jonathon Penney
Ivan Rand's Ancient Constitutionalism, Jonathon Penney
Articles, Book Chapters, & Popular Press
Few names loom larger than Ivan Rand’s in the history of Canadian law. If anything, Rand has retained his image as a courageous judge willing to bend the law in creative ways to seek justice and protect the rights of oppressed minorities. But Rand’s legal ideas have not faired as well. Over the years, his theory of “implied rights,” and view of the judicial role, has been criticized as incoherent and indefensible. The central aim of this paper is to challenge these criticisms. I want to offer a solution by reconstructing an overlooked component of his legal thought: a form …
(Re) Constructing Judicial Ethics In Canada, Richard Devlin Frsc
(Re) Constructing Judicial Ethics In Canada, Richard Devlin Frsc
Articles, Book Chapters, & Popular Press
Any discussion of judicial ethics and accountability -- whether it is at the state, national, or international level-inevitably requires engagement with two key ideals: impartiality and independence. Ideals are important because they can provide a trajectory for human action. But ideals can also be a problem because their generality and abstraction can cause one to prevaricate -- or even pontificate -- when it comes to the immediate and the pragmatic Indeed, there are times when ideals such as impartiality and independence can become false gods insofar as they promise salvation but ultimately, deliver little. Consequently, when one is asked to …
Fitness For Purpose: Mandatory Continuing Legal Ethics Education For Lawyers, Jocelyn Downie, Richard Devlin
Fitness For Purpose: Mandatory Continuing Legal Ethics Education For Lawyers, Jocelyn Downie, Richard Devlin
Articles, Book Chapters, & Popular Press
The authors argue that if we want lawyers to be fit for the purpose of practicing law, and law societies to be fit for the purpose of regulating in the public interest, then it is incumbent upon the Canadian legal profession to adopt programmes of compulsory legal ethics education (CLEE). In support of this argument the authors: provide several reasons why Canadians might be concerned about the ethical fitness of lawyers and law societies; analyse several arguments both in supporting and resisting CLEE; suggest several strategies for overcoming the ethical indolence of the legal profession; and draw inspiration from recent …
Reducing The Democratic Deficit: Representation, Diversity, And The Canadian Judiciary, Or Towards A "Triple P" Judiciary, Richard Devlin Frsc, A. Wayne Mackay, Natasha Kim
Reducing The Democratic Deficit: Representation, Diversity, And The Canadian Judiciary, Or Towards A "Triple P" Judiciary, Richard Devlin Frsc, A. Wayne Mackay, Natasha Kim
Articles, Book Chapters, & Popular Press
The authors review the current structures for judicial appointments in Canada and provide statistical information about the results of these mechanisms in respect to diversity of representation on the courts. They are also critical of the fairness and openness of judicial appointments processes. After examining several variants of the dominant liberal view of law and of judges, the authors proffer and articulate a neo-realist theory of law and what they term a "bungee cord theory of judging." According to the former, law is inevitably a form of politics; according to the latter, judges are unavoidably political actors. In consequence, the …