Judicial Self-Governance Index: Towards Better Understanding of
the Role of Judges in Governing the Judiciary

J 2022

Judicial Self-Governance Index: Towards Better Understanding of the Role of Judges in Governing the Judiciary

ŠIPULOVÁ, Katarína, Samuel SPÁČ, David KOSAŘ, Tereza PAPOUŠKOVÁ, Viktor DERKA et. al.

Basic information

Original name

Judicial Self-Governance Index: Towards Better Understanding of the Role of Judges in Governing the Judiciary

Authors

ŠIPULOVÁ, Katarína (703 Slovakia, guarantor, belonging to the institution), Samuel SPÁČ (703 Slovakia, belonging to the institution), David KOSAŘ (203 Czech Republic, belonging to the institution), Tereza PAPOUŠKOVÁ (203 Czech Republic, belonging to the institution) and Viktor DERKA (203 Czech Republic)

Edition

Regulation & Governance, Wiley, 2022, 1748-5983

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

Australia

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

Open access časopisu

Impact factor

Impact factor: 3.000

RIV identification code

RIV/00216224:14220/22:00125103

Organization unit

Faculty of Law

DOI

http://dx.doi.org/10.1111/rego.12453

UT WoS

000737891900001

Keywords in English

judicial self-governance; judicial council; empowerment; autonomisation; agencification; JSG Index

Abstract

V originále

The aim of this article is to introduce a novel view on how to evaluate the share of power held by judges in judicial governance. Its contribution to court administration and the regulation of judges is three-fold. First, it provides a novel empirically tested conceptualization of judicial governance that includes 60 competences grouped into eight dimensions (ranging from selection and education of judges to case allocation and publication of judicial decisions). Second, it proposes a new Judicial Self-Governance Index which measures how much power domestic judges hold in these eight dimensions of judicial governance. Third, by applying the JSG index to the longitudinal data for Germany, Italy, Czechia and Slovakia this paper demonstrates that the Judicial Council model is not the only institutional model of judicial governance leading to the empowerment of judges. This means that judges can hold many powers without the existence of judicial councils and even in the Ministry of Justice model.

Links

46943, interní kód MU

Name: JUDI-ARCH - The Rise of Judicial Self-Government in Europe: Changing the Architecture of Separation of Powers without an Architect (Acronym: JUDI-ARCH)

Investor: European Union, ERC (Excellent Science)

Files attached

JSG_Index_text_FINALforSubmission_ERC.pdf

Request the author's version of the file

Citovat

ŠIPULOVÁ, Katarína, Samuel SPÁČ, David KOSAŘ, Tereza PAPOUŠKOVÁ and Viktor DERKA. Judicial Self-Governance Index: Towards Better Understanding of the Role of Judges in Governing the Judiciary. Regulation & Governance. Wiley, 2022, Neuveden, Neuveden, p. 22-42. ISSN 1748-5983. Available from: https://dx.doi.org/10.1111/rego.12453.

@article{1812740,
   author = {Šipulová, Katarína and Spáč, Samuel and Kosař, David and Papoušková, Tereza and Derka, Viktor},
   article_number = {Neuveden},
   doi = {http://dx.doi.org/10.1111/rego.12453},
   keywords = {judicial self-governance; judicial council; empowerment; autonomisation; agencification; JSG Index},
   language = {eng},
   issn = {1748-5983},
   journal = {Regulation & Governance},
   title = {Judicial Self-Governance Index: Towards Better Understanding of the Role of Judges in Governing the Judiciary},
   url = {https://doi.org/10.1111/rego.12453},
   volume = {Neuveden},
   year = {2022}
}

TY  - JOUR
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AU  - Šipulová, Katarína - Spáč, Samuel - Kosař, David - Papoušková, Tereza - Derka, Viktor
PY  - 2022
TI  - Judicial Self-Governance Index: Towards Better Understanding of the Role of Judges in Governing the Judiciary
JF  - Regulation & Governance
VL  - Neuveden
IS  - Neuveden
SP  - 22-42
EP  - 22-42
PB  - Wiley
SN  - 17485983
KW  - judicial self-governance
KW  - judicial council
KW  - empowerment
KW  - autonomisation
KW  - agencification
KW  - JSG Index
UR  - https://doi.org/10.1111/rego.12453
N2  - The aim of this article is to introduce a novel view on how to evaluate the share of power held by judges in judicial governance. Its contribution to court administration and the regulation of judges is three-fold. First, it provides a novel empirically tested conceptualization of judicial governance that includes 60 competences grouped into eight dimensions (ranging from selection and education of judges to case allocation and publication of judicial decisions). Second, it proposes a new Judicial Self-Governance Index which measures how much power domestic judges hold in these eight dimensions of judicial governance. Third, by applying the JSG index to the longitudinal data for Germany, Italy, Czechia and Slovakia this paper demonstrates that the Judicial Council model is not the only institutional model of judicial governance leading to the empowerment of judges. This means that judges can hold many powers without the existence of judicial councils and even in the Ministry of Justice model.
ER  -

ŠIPULOVÁ, Katarína, Samuel SPÁČ, David KOSAŘ, Tereza PAPOUŠKOVÁ and Viktor DERKA. Judicial Self-Governance Index: Towards Better Understanding of the Role of Judges in Governing the Judiciary. \textit{Regulation \&{} Governance}. Wiley, 2022, Neuveden, Neuveden, p.~22-42. ISSN~1748-5983. Available from: https://dx.doi.org/10.1111/rego.12453.

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