Fightin’ Words: Regulating Judges in Canada
Judicial Regulation, Conceptual Framework, Regulatory Pyramid, Judiciary, Suggestions for Legal Reform
In this chapter, the authors adopt and deploy the regulatory pyramid proposed in the Introduction to this book. They argue that the pyramid functions very effectively to illustrate the complexity and contingency of judicial regulation in Canada. In particular they propose that Canada is an excellent case study of the complex mix of regulatory mechanisms – from self-regulation through accommodative regulation to external regulation – that are used to regulate a judiciary. They conclude by suggesting that while Canada has a relatively positive regulatory regime, there are several areas where improvement is urgently required, especially in the realms of appointments, discipline and evaluation.
Richard Devlin & Adam Dodek, "Fightin’ Words: Regulating Judges in Canada" in Regulating Judges: Beyond Independence and Accountability (Cheltenham, UK: Edward Elgar Publishing, 2016) 76.