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Judicial Liability in Comparative Perspective / PIOTR MIKULI

Swansea University Author: PIOTR MIKULI

  • E-Thesis – open access under embargo until: 28th February 2028

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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Published: Swansea 2023
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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first_indexed 2023-03-06T16:05:18Z
last_indexed 2023-03-07T04:18:01Z
id cronfa62806
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spelling 2023-03-06T16:12:40.2767474 v2 62806 2023-03-06 Judicial Liability in Comparative Perspective c2f84a882d78a2bd5aac34e7b2312fa8 PIOTR MIKULI PIOTR MIKULI true false 2023-03-06 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. E-Thesis Swansea 28 2 2023 2023-02-28 ORCiD identifier: https://orcid.org/0000-0001-5898-1874 COLLEGE NANME COLLEGE CODE Swansea University Hannant, Tom ; Latham-Gambi, Alex ; McDermott-Rees, Yvonne Master of Research LLM by Research 2023-03-06T16:12:40.2767474 2023-03-06T16:01:42.1284586 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law PIOTR MIKULI 1 Under embargo Under embargo 2023-03-06T16:08:16.6767669 Output 850098 application/pdf E-Thesis – open access true 2028-02-28T00:00:00.0000000 Copyright: The author, Piotr Mikuli, 2023. true eng
title Judicial Liability in Comparative Perspective
spellingShingle Judicial Liability in Comparative Perspective
PIOTR MIKULI
title_short Judicial Liability in Comparative Perspective
title_full Judicial Liability in Comparative Perspective
title_fullStr Judicial Liability in Comparative Perspective
title_full_unstemmed Judicial Liability in Comparative Perspective
title_sort Judicial Liability in Comparative Perspective
author_id_str_mv c2f84a882d78a2bd5aac34e7b2312fa8
author_id_fullname_str_mv c2f84a882d78a2bd5aac34e7b2312fa8_***_PIOTR MIKULI
author PIOTR MIKULI
author2 PIOTR MIKULI
format E-Thesis
publishDate 2023
institution Swansea University
college_str Faculty of Humanities and Social Sciences
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hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
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description 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.
published_date 2023-02-28T04:23:11Z
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score 11.012678

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