Title: From Individual Judge to Judicial Bureaucracy: The Emergence of Judicial Councils and the Changing Nature of Judicial Accountability in Court Administration
Abstract: This article analyses the emergence of judicial councils and their role in facilitating greater judicial control of court administration in Australia and other countries. The article scrutinises the arguments in favour of greater judicial control of court administration, before moving on to examine the traditional policy challenges of judge-controlled court systems, such as to develop an effective system of administrative accountability that does not undermine judicial independence and to devise an institutional framework for a judicial council and courts that is effective, relevant and accountable. The article argues that the transfer of responsibility for court administration from the executive government to an independent judicial council has the potential not only to safeguard judicial independence, but also to improve court performance, achieve greater customer focus in the court system and bring about an institutional renewal of the judiciary as a whole. It is argued that the introduction of formal and transparent administrative hierarchies within the judiciary is both justified and necessary in order to improve court performance, enhance the social legitimacy of the courts and reinforce judicial independence. The final part of the article outlines the basic institutional contours of a modern judicial council that can assist the courts achieve these goals and respond to the challenges of modern court environment.
Publication Year: 2017
Publication Date: 2017-02-14
Language: en
Type: article
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