The legislative description of types of judicial misbehaviour and the allocation of authority over cases of alleged misconduct are two of the main features characterizing systems of judicial discipline. While sometimes judicial misbehaviour is only very vaguely defined in the law, in ‘standardised’ systems specific and concrete disciplinary offences are listed by statute. At the same time, legal systems diverge also in allocating authority over judicial discipline, as different constitutional arrangements of the power to remove judges demonstrate. By comparing Ireland’s and Italy’s experiences, the Comment argues that standardisation plays a comparatively less important role in contrasting judicial misconduct than the fine-tuned allocation of authority and, particularly, of the power of judicial removal.
Standardisation and Authority in Judicial Discipline: a Comment on Italy and Ireland’s Experiences / Vinceti, Silvio Roberto. - In: IRISH JUDICIAL STUDIES JOURNAL. - ISSN 2712-0317. - 6:1(2022), pp. 55-68.
Standardisation and Authority in Judicial Discipline: a Comment on Italy and Ireland’s Experiences
Silvio Roberto Vinceti
2022
Abstract
The legislative description of types of judicial misbehaviour and the allocation of authority over cases of alleged misconduct are two of the main features characterizing systems of judicial discipline. While sometimes judicial misbehaviour is only very vaguely defined in the law, in ‘standardised’ systems specific and concrete disciplinary offences are listed by statute. At the same time, legal systems diverge also in allocating authority over judicial discipline, as different constitutional arrangements of the power to remove judges demonstrate. By comparing Ireland’s and Italy’s experiences, the Comment argues that standardisation plays a comparatively less important role in contrasting judicial misconduct than the fine-tuned allocation of authority and, particularly, of the power of judicial removal.File | Dimensione | Formato | |
---|---|---|---|
4. Silvio Vinceti Final (1).pdf
Open access
Tipologia:
Versione pubblicata dall'editore
Dimensione
258.2 kB
Formato
Adobe PDF
|
258.2 kB | Adobe PDF | Visualizza/Apri |
Pubblicazioni consigliate
I metadati presenti in IRIS UNIMORE sono rilasciati con licenza Creative Commons CC0 1.0 Universal, mentre i file delle pubblicazioni sono rilasciati con licenza Attribuzione 4.0 Internazionale (CC BY 4.0), salvo diversa indicazione.
In caso di violazione di copyright, contattare Supporto Iris