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@article{1070292, author = {Kosař, David}, article_location = {New York}, article_number = {1}, doi = {http://dx.doi.org/10.1093/icon/mos056}, keywords = {judges; judicial accountability; judicial independence; rule of law; transitional justice; court presidents}, language = {eng}, issn = {1474-2640}, journal = {International Journal of Constitutional Law}, title = {The Least Accountable Branch}, volume = {11}, year = {2013} }
TY - JOUR ID - 1070292 AU - Kosař, David PY - 2013 TI - The Least Accountable Branch JF - International Journal of Constitutional Law VL - 11 IS - 1 SP - 234-260 EP - 234-260 PB - Oxford University Press SN - 14742640 KW - judges KW - judicial accountability KW - judicial independence KW - rule of law KW - transitional justice KW - court presidents N2 - This article analyzes the concept of judicial accountability. It builds on three recent books (“Independence, Accountability, and the Judiciary” edited by Guy Canivet, Mads Andenas and Duncan Fairgrieve; “Transitional Justice, Judicial Accountability and the Rule of Law” by Hakeem Yusuf; and “Judicial Accountabilities in New Europe: From Rule of Law to Quality of Justice” by Daniela Piana) that deal with judicial accountability and suggests avenues for further research. In section 1, I briefly summarize the content and key arguments of the three recent books on judicial accountability. Section 2 focuses on the relationship between judicial accountability and the concept of accountability. Section 3 deals with the three key questions of judicial accountability: accountability of whom, to whom, and for what. Section 4 is devoted to the role of cultural factors in holding judges to account. Section 5 looks at various approaches to reckoning with the past within the judiciary and how these approaches affect post-authoritarian and post-totalitarian societies that are in the process of transition to democracy. Section 6 briefly examines the widely disputed relationship between judicial accountability and judicial independence. Section 7 identifies avenues for further research and section 8 concludes. ER -
KOSAŘ, David. The Least Accountable Branch. \textit{International Journal of Constitutional Law}. New York: Oxford University Press, 2013, vol.~11, No~1, p.~234-260. ISSN~1474-2640. Available from: https://dx.doi.org/10.1093/icon/mos056.
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