Judicial discipline

Gabrielle Appleby

Chapter 14 in Research Handbook on Judging and the Judiciary, 2025, pp 274-296 from Edward Elgar Publishing

Abstract: The formalisation and design of judicial disciplinary systems in common law jurisdictions have undergone a paradigm shift in recent times, with an increased acceptance of the importance of formalising an independent disciplinary system as part of a wider framework of judicial accountability. The constitutional importance of designing judicial discipline systems, to operate within a broader constitutional framework and judicial governance architecture, raises fundamental questions as to the objectives of such a system and the design options that might best achieve these. This chapter takes the discussion of disciplinary systems from one almost exclusively focused on judicial accountability to include objectives that relate to independence, impartiality, representativeness and diversity, transparency, efficiency, accessibility, judicial well-being, and competence. It provides a framework through which to evaluate the diverse value-based and more practically focused judicial discipline systems against the questions of institutional design that then arise in the realisation of such a system.

Keywords: Judicial discipline; Judicial accountability; Judicial independence; Judicial governance; Judicial misconduct (search for similar items in EconPapers)
Date: 2025
ISBN: 9781788978736
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