E-Thesis 193 views
Judicial Liability in Comparative Perspective / PIOTR MIKULI
Swansea University Author: PIOTR MIKULI
Abstract
The research objective of the thesis is to systematize the most important institutions and mechanisms of judicial liability. The analysis covers stable democracies (the UK, France, and the United States) and European post-communist countries in which, over the last several years, the rule of law inf...
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Swansea
2023
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| Institution: | Swansea University |
| Degree level: | Master of Research |
| Degree name: | LLM by Research |
| Supervisor: | Hannant, Tom ; Latham-Gambi, Alex ; McDermott-Rees, Yvonne |
| URI: | https://cronfa.swan.ac.uk/Record/cronfa62806 |
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| Abstract: |
The research objective of the thesis is to systematize the most important institutions and mechanisms of judicial liability. The analysis covers stable democracies (the UK, France, and the United States) and European post-communist countries in which, over the last several years, the rule of law infringements could be observed (Poland and Hungary). The tasks undertaken within the project aim to examine whether, and to what extent, the scope of and procedures for judicial liability should show certain similarities and connecting elements to protect the principle of the judicial independence. The dissertation includes an analysis of the legal solutions adopted in selected jurisdictions in the light of specific requirements aimed at protecting judicial independence. As far as disciplinary liability is concerned the author indicates that the fundamental premise of these mechanisms is that they strive for objectivity in assessing a judge’s disciplinary misconduct and ensuring impartiality in proceedings (procedural justice). The Author is of the opinion that it is also important that a judicial misconduct is not defined or applied in an entirely arbitrary manner, so that the institution of disciplinary responsibility cannot turn into a mechanism for crushing judicial independence. On the question of judicial immunity, the author argues that the basic requirement is that a judge should not be held civilly and criminally, and also disciplinary, liable for the content of his or her judgments and for any action taken in good faith during proceedings. The author is convinced that the evaluation of individual legal mechanism regarding judicial liability must be carried out against the background of an analysis of the constitution of a given political system. Nevertheless, the author is convinced that the political and legal culture of a given society itself may be insufficient, hence the significant role of specific legal regulations. |
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| Item Description: |
ORCiD identifier: https://orcid.org/0000-0001-5898-1874 |
| College: |
Faculty of Humanities and Social Sciences |