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The faces of judicial independence : Democratic versus bureaucratic accountability in judicial selection, training, and promotion in South Korea and Taiwan

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  • The faces of judicial independence
  • Chisholm, Neil
  • Universitas Gadjah Mada


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Title The faces of judicial independence
Similar Titles
Sub Title

Democratic versus bureaucratic accountability in judicial selection, training, and promotion in South Korea and Taiwan

Material Type Articles
Author(English)

Chisholm, Neil

Publisher

[Yogyakarta, Indonesia]:Universitas Gadjah Mada

Date 2014
Journal Title; Vol./Issue American Journal of Comparative Law:vol. 62(no. 4)
Pages 58
Subject Country South Korea(Asia and Pacific)
Taiwan(Asia and Pacific)
Language English
File Type Link
Subject Government and Law < Laws and Legislation
Government and Law < Political Development
Holding SSRN

Abstract

This Article examines parallel judicial independence-related institutional arrangements and controversies in South Korea and Taiwan and, based on these, theorizes that there exists a sharp philosophical bifurcation between judicial independence regimes that make judges either bureaucratically or democratically accountable. After uncovering the Germanic origins of the two jurisdictions' judicial selection, training, and promotion methods and showing how these arrangements have functioned, this study explains how these have recently been reformed in ways that represent the adoption of American style judicial independence logic. To properly understand these transformations, the Article further develops Mirjan Damaska's theory of the dichotomous styles, or "faces," of judicial organization to illustrate the existence of two different logical approaches to securing judicial independence and to analyze how they are being mixed in Korea, Taiwan, and elsewhere.