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Beyond Judicial Independence: Rule Of Law And Judicial Accountabilities In Assessing Democratic Quality

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Chapter Summary

This chapter explores the variety of constitutionalisms and the variety of models of judicial governance, by providing a general portrait of European institutional experiences. It describes the construction of the concept of accountability. The chapter presents multi-dimensional concept and its components. It discusses the levels of analysis required by such a concept. The chapter applies analytical grid to the standards issued by European institutions in the judicial field. This leads to reconstruct the ideal-type of constitutionalism that seems to be promoted in the EU and, secondly, to assess this ideal-type from the point of view of the functioning of mechanisms of accountability. Whereas standards and policies would fail dramatically if they pretended to shape with a one-fits-all solution the cultural contexts in which justice is administered, empirical research might be instead fairly insightful to cast light upon the way justice administration impacts upon democratic quality via judicial accountabilities and responsiveness.

Keywords: constitutionalism; democratic quality; European institutions; judicial accountabilities; judicial independence



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