J 2013

The Least Accountable Branch

KOSAŘ, David

Basic information

Original name

The Least Accountable Branch

Authors

KOSAŘ, David (203 Czech Republic, guarantor, belonging to the institution)

Edition

International Journal of Constitutional Law, New York, Oxford University Press, 2013, 1474-2640

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50500 5.5 Law

Country of publisher

United States of America

Confidentiality degree

není předmětem státního či obchodního tajemství

Impact factor

Impact factor: 0.568

RIV identification code

RIV/00216224:14220/13:00067499

Organization unit

Faculty of Law

UT WoS

000320859900014

Keywords in English

judges; judicial accountability; judicial independence; rule of law; transitional justice; court presidents

Tags

Tags

International impact, Reviewed
Změněno: 3/4/2014 12:20, Mgr. Petra Georgala

Abstract

V originále

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.