Detailed Information on Publication Record
2018
Court Presidents: The Missing Piece in the Puzzle of Judicial Governance
KOSAŘ, David and Adam BLISABasic information
Original name
Court Presidents: The Missing Piece in the Puzzle of Judicial Governance
Authors
KOSAŘ, David (203 Czech Republic, belonging to the institution) and Adam BLISA (203 Czech Republic, belonging to the institution)
Edition
German Law Journal, Frankfurt am Main, Goethe University Frankfurt, 2018, 2071-8322
Other information
Language
English
Type of outcome
Článek v odborném periodiku
Field of Study
50501 Law
Country of publisher
Germany
Confidentiality degree
není předmětem státního či obchodního tajemství
References:
RIV identification code
RIV/00216224:14220/18:00104968
Organization unit
Faculty of Law
Keywords in English
court presidents; judicial governance; court president power index
Tags
Tags
International impact, Reviewed
Změněno: 10/7/2020 14:23, Mgr. Petra Georgala
Abstract
V originále
The aim of this paper is to provide a new comprehensive understanding of roles of court presidents in judicial governance in Europe. It argues that in order to better understand the role of court presidents in comparative perspective it is necessary to unpack their power into smaller components that can be analyzed separately. We define seven such components: judicial career, jurisprudential, administrative, financial, ambassadorial, and media power, and ancillary powers as a residual category. Subsequently, we zero in on 13 European jurisdictions and rate them according to the strength of their court presidents’ powers. By doing so we are developing a Court President Power Index. Based on this Index we question the claim that Western court presidents are always weaker than their Eastern European counterparts and argue that powers of court presidents diverge both within Western Europe and within Eastern Europe, and hence it is difficult to draw the easy line along the West/East axis on this ground. Finally, we problematize our Court President Power Index and show that powers in the meaning of faculty do not necessarily translate into influence since various contingent circumstances (such as the length of court presidents’ terms of office, information asymmetry, the structure of the judiciary, the existence of competing judicial self governance bodies, the role of individuals, the proximity of court presidents to political leaders, the legal profession, legal culture, and the political environment) affect to what extent court presidents may exploit their powers in practice.
Links
| 46943, interní kód MU |
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