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Mustill & Boyd: Commercial and Investor State Arbitration

Edited by: Justice David Foxton
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Accountability of Judicial Power: Theoretical and Comparative Perspectives

Edited by: Piotr Mikuli

ISBN13: 9781032904085
To be Published: April 2025
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £145.00



This book brings together a group of international scholars to discuss theoretical and comparative considerations of judicial accountability.

Accountability of the judiciary is an essential element in a democratic state ruled by law. Its design must take into account the need to ensure both the legitimacy of the judiciary and its independence. The work discusses accountability in the light of recent research, including studies on the crisis of the rule of law in the contemporary world. The book adopts a broad approach to accountability, which has various facets, referring both to the courts, that is the organisational element of the judicial branch of government, and to judges, its individual dimension. Divided into four parts, the first deals with the essence of the concept of accountability of the judiciary; the second discusses the emerging standards relating primarily to the individual accountability of judges, while the third discusses the position of constitutional judges through the lens of accountability. The fourth and final part provides a detailed consideration of the specific accountability mechanisms.

The book will be a valuable resource for academics, researchers and policymakers working in the areas of Constitutional Law and Politics, and Accountability Studies.

Subjects:
Judiciary
Contents:
1. Introduction: Conceptualizing Accountability of the Judiciary (Piotr Mikuli)

Part I: Theoretical Insights
2. Accountability of the Judiciary as a Constitutional Value (Ryszard Piotrowski)
3. Constitutional identity as an Actor of Judicial Accountability (Nóra Bán-Forgács)

Part: II Standards
4. EU standards regarding individual accountability of judges (Natalie Fox)
5. Challenges of Disciplinary Liability of Judges and Public Prosecutors (Marina Matić Bošković, Jelena Kostić)
6. In Search of Standards for Judicial Immunity (Piotr Mikuli)

Part III: Quis custodiet ipsos custodes?
7. Making Constitutional Judges Accountable for Deliberating: Three Hypotheses and Possible Research (Critóbal Caviedes)
8. How to Hold Constitution’s Defenders Accountable? Reflections on the Specificity of the Constitutional Judges’ Accountability (Radosław Puchta)

Part IV: Samples of Accountability Mechanisms
9. Autonomy and Boundedness as Internal Values in the Practice of the Court of Justice of the European Union (Alexander Lazovic)
10. Vetting as Judicial Integrity Enhancement Tool (Arnisa Tepelija and Teodora Miljojkovic)
11. The Conundrum of Judicial Accountability and Independence in Military Courts from a Comparative Perspective (Arianna Vedaschi & Micol Ferrario)
12. Judicial Financial Autonomy: how the Performance-based Budgeting Can Impact on Independence and Accountability of Judges (Grzegorz Kuca & Elżbieta Gudowska-Natanek)