General Introduction: Autonomy and Heteronomy of the Judiciary in Europe
Judges and the judiciary have always been a subject of debate. The questions of legitimacy, activism v self-restraint; appointment or selection, accountability, the rise of alternatives to formal justice, ADR, are at the heart of the discussion. However, the law-job of dispute resolution is not act...
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Oñati International Institute for the Sociology of Law
2012-01-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/176 |
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| author | Joxerramon Bengoetxea Heike Jung |
| author_facet | Joxerramon Bengoetxea Heike Jung |
| author_sort | Joxerramon Bengoetxea |
| collection | DOAJ |
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Judges and the judiciary have always been a subject of debate. The questions of legitimacy, activism v self-restraint; appointment or selection, accountability, the rise of alternatives to formal justice, ADR, are at the heart of the discussion. However, the law-job of dispute resolution is not actually done by the judges on their own, nor in isolation; judges have many different sorts of collaborators and some of these can develop some scope for autonomy. At the same time the judiciary claims to be an independent power, but it is also a basic public service to the citizens; how can the public administration be involved in securing-facilitating this service? Finally, when deciding and interpreting the law judges often need to take into account norms belonging to different but coordinated legal systems and find coherence between them, and it can be questioned whether the method of conform interpretation they resort to might enhance or diminish their autonomy.
DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1991696
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| format | Article |
| id | doaj-art-2c675e9c18b44e248eae0c29ce481642 |
| institution | OA Journals |
| issn | 2079-5971 |
| language | English |
| publishDate | 2012-01-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-2c675e9c18b44e248eae0c29ce4816422025-08-20T02:23:41ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712012-01-0119General Introduction: Autonomy and Heteronomy of the Judiciary in EuropeJoxerramon Bengoetxea0Heike Jung1Euskal Herriko Unibertsitatea - Universidad del País VascoUniversität des Saarlandes Judges and the judiciary have always been a subject of debate. The questions of legitimacy, activism v self-restraint; appointment or selection, accountability, the rise of alternatives to formal justice, ADR, are at the heart of the discussion. However, the law-job of dispute resolution is not actually done by the judges on their own, nor in isolation; judges have many different sorts of collaborators and some of these can develop some scope for autonomy. At the same time the judiciary claims to be an independent power, but it is also a basic public service to the citizens; how can the public administration be involved in securing-facilitating this service? Finally, when deciding and interpreting the law judges often need to take into account norms belonging to different but coordinated legal systems and find coherence between them, and it can be questioned whether the method of conform interpretation they resort to might enhance or diminish their autonomy. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1991696 https://opo.iisj.net/index.php/osls/article/view/176Autonomy of JudgesJudicial Decision-MakingJudicial AdjudicationADRJudicial collaboratorsJustice as service |
| spellingShingle | Joxerramon Bengoetxea Heike Jung General Introduction: Autonomy and Heteronomy of the Judiciary in Europe Oñati Socio-Legal Series Autonomy of Judges Judicial Decision-Making Judicial Adjudication ADR Judicial collaborators Justice as service |
| title | General Introduction: Autonomy and Heteronomy of the Judiciary in Europe |
| title_full | General Introduction: Autonomy and Heteronomy of the Judiciary in Europe |
| title_fullStr | General Introduction: Autonomy and Heteronomy of the Judiciary in Europe |
| title_full_unstemmed | General Introduction: Autonomy and Heteronomy of the Judiciary in Europe |
| title_short | General Introduction: Autonomy and Heteronomy of the Judiciary in Europe |
| title_sort | general introduction autonomy and heteronomy of the judiciary in europe |
| topic | Autonomy of Judges Judicial Decision-Making Judicial Adjudication ADR Judicial collaborators Justice as service |
| url | https://opo.iisj.net/index.php/osls/article/view/176 |
| work_keys_str_mv | AT joxerramonbengoetxea generalintroductionautonomyandheteronomyofthejudiciaryineurope AT heikejung generalintroductionautonomyandheteronomyofthejudiciaryineurope |