Conceptualising Judicial Independence and Accountability from a Regulatory Perspective
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 dime...
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| Format: | Article |
| Language: | English |
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Scandinavian University Press
2023-04-01
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| Series: | Oslo Law Review |
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| Online Access: | https://www.idunn.no/doi/10.18261/olr.9.2.3 |
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| _version_ | 1850181395501023232 |
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| author | Shivaraj S Huchhanavar |
| author_facet | Shivaraj S Huchhanavar |
| author_sort | Shivaraj S Huchhanavar |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-4baee8a984a543eeb1a87f73aa774645 |
| institution | OA Journals |
| issn | 2387-3299 |
| language | English |
| publishDate | 2023-04-01 |
| publisher | Scandinavian University Press |
| record_format | Article |
| series | Oslo Law Review |
| spelling | doaj-art-4baee8a984a543eeb1a87f73aa7746452025-08-20T02:17:54ZengScandinavian University PressOslo Law Review2387-32992023-04-019211014810.18261/olr.9.2.3Conceptualising Judicial Independence and Accountability from a Regulatory PerspectiveShivaraj S Huchhanavar0O.P. Jindal Global University, IndiaThis 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.https://www.idunn.no/doi/10.18261/olr.9.2.3judicial independencejudicial accountabilityinternal judicial independenceinternal judicial accountabilityjudicial regulation |
| spellingShingle | Shivaraj S Huchhanavar Conceptualising Judicial Independence and Accountability from a Regulatory Perspective Oslo Law Review judicial independence judicial accountability internal judicial independence internal judicial accountability judicial regulation |
| title | Conceptualising Judicial Independence and Accountability from a Regulatory Perspective |
| title_full | Conceptualising Judicial Independence and Accountability from a Regulatory Perspective |
| title_fullStr | Conceptualising Judicial Independence and Accountability from a Regulatory Perspective |
| title_full_unstemmed | Conceptualising Judicial Independence and Accountability from a Regulatory Perspective |
| title_short | Conceptualising Judicial Independence and Accountability from a Regulatory Perspective |
| title_sort | conceptualising judicial independence and accountability from a regulatory perspective |
| topic | judicial independence judicial accountability internal judicial independence internal judicial accountability judicial regulation |
| url | https://www.idunn.no/doi/10.18261/olr.9.2.3 |
| work_keys_str_mv | AT shivarajshuchhanavar conceptualisingjudicialindependenceandaccountabilityfromaregulatoryperspective |