In this timely Research Handbook, leading legal scholars join forces with political scientists to discuss court adjudication in common and civil law systems. Chapters cover topical problems and debates in judicial studies and examine the institutional framework within which judges operate.
Developing a multi-disciplinary analysis that combines legal, socio-legal, and political science perspectives, this Research Handbook explores the transformation of the justice system, adopting a contextual approach to court adjudication. Expert authors explore the use of generative AI, normative expectations about judgement-making and the effect on inclusive or responsive judging, and the role of court presidents, judicial associations, and judicial councils. Ultimately, the Research Handbook advances the understanding of the judiciary by highlighting elements of the justice system that are conducive to trust and judicial legitimacy, while suggesting avenues for further research.
The Research Handbook on Judging and the Judiciary is an essential reference for socio-legal scholars and students of law and society. Constitutional lawyers, political scientists engaged in research concerning the judiciary, judges and other stakeholders in the justice reform sector would also benefit from the discussions in this important resource.
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Höhe: 244 mm
Breite: 169 mm
ISBN-13
978-1-78897-873-6 (9781788978736)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Edited by Sophie Turenne, Assistant Professor in Comparative Law, Fellow and Director of Studies in Law, King's College, and Fellow Emerita in Law, Murray Edwards College, University of Cambridge and Mohamed Moussa, Lecturer in Law, Fellow and Director of Studies in Law, Murray Edwards College, University of Cambridge, UK
Contents
1 Introduction: judging and the judiciary 1
PART I SUPPLEMENTS AND ALTERNATIVES TO JUDICIAL DECISION-MAKING
2 Alternative dispute resolution and the judiciary 13
3 From the rule of law to the rule of technology: institutional implications of
the digital transformation of courts 35
4 When should a computer decide?: Judicial decision-making in the age of
automation, algorithms and generative artificial intelligence 54
PART II LEGAL RATIONALITY AND RESPONSIVE JUDGING
5 Access to justice and judging 89
6 Lay judges 108
7 The judiciary and judicial education - the example of Germany 125
8 Impartiality, bias and emotion in everyday judicial work 148
9 Inclusive judging 168
10 A typology of legal values in judicial decision making 193
11 External engagement strategies of Europe's highest courts 210
12 Judicial populism 230
PART III JUDICIAL ACCOUNTABILITY AND INDEPENDENCE
13 Regulating retired judges 257
14 Judicial discipline 276
15 Judicial policy-making and independence in continental Europe: the rise of
courts' activism 300
16 Revisiting the theory of judicial councils 319
17 Court presidents: power through informality 335
18 Independent justice, inter-legalities and judicial dialogues in Europe 357
19 Judging and judicial resistance in authoritarian regimes 380
