Conceptualising judicial independence and Accountability from a regulatory perspective

Huchhanavar, Shivaraj S (2023) Conceptualising judicial independence and Accountability from a regulatory perspective. Oslo Law Review, 9 (2). pp. 110-148. ISSN 2387-3299

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Abstract

This article builds on a comparative study of judicial conduct regulation regimes in India and the United Kingdom. It critically assesses judicial independence and accountability from a regulatory perspective. The article argues that judicial independence and accountability have three essential dimensions: individual, internal and institutional. Therefore, the legal frameworks that set up and support regulatory regimes must adequately emphasise all three dimensions. However, the legal frameworks in India and the UK mostly focus on institutional independence, underemphasising individual independence in the process, while internal judicial independence has been a vanishing point of jurisprudence in both jurisdictions. Similarly, there are notable gaps in the accountability frameworks of both countries.

Item Type: Article
Keywords: Judicial Independence | Judicial Accountability | Internal Judicial Independence | Internal Judicial Accountability
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 07 Apr 2023 07:14
Last Modified: 27 Jun 2023 05:24
Official URL: https://doi.org/10.18261/olr.9.2.3
URI: https://pure.jgu.edu.in/id/eprint/5785

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