MultiRights Seminar: Dispersal of Judicial Power: Shifting paradigms
Dr. Gar Yein Ng, Assistant Professor at CEU Legal Studies Dept. and MultiRights visiting researcher, will present a work-in-progress version of her book, which describes the current paradigm of justice and courts, and how, in practice, the reality is beginning to shift away from this.
This book describes the current paradigm of justice and courts, and how, in practice, the reality is beginning to shift away from this. I will review literature as well as various case studies to support the idea that there is a shifting paradigm. This starts with a brief examination the classical paradigm of the judge icon, followed by a brief look at the theories behind her role within the constitutional separation of powers based on the rule of law and natural rights. There will be 3 parts to this chapter: judge in civil law, criminal law and administrative law. After this, I will write a chapter about the judges and politics, with a final chapter of this section on the Judge as manager. The next section will look at the societalisation of justice, primarily at how there is also a shift in paradigm for the temple of justice: courts as complex organisations, courts as social phenomenon, and the role of informal justice in delivering justice to the masses.
The question now is how do current practices impact on our current paradigm of justice, judges and courts, and what has it become? I will outline the current set of assumptions about the nature of courts and judicial processes, and discuss some of the tensions between theory and reality described in the research. The idea behind this book is not only to describe how the literature and previous research point to a shift in the classical paradigm, but to say what it actually is now. This looks not only at the theoretical literature, but also case studies from a comparative perspective (England/Wales, Netherlands, and France).
Gar Yein Ng is a scholar and expert in the field of judicial organization and comparative constitutional law. She obtained her PhD from the faculty of law at the University of Utrecht, the Netherlands, in March 2007. The title of her thesis is: "Quality of the Judicial Organisation and Checks and Balances". This project looks at how organisational quality (i.e. TQM and quality standards) operates alongside constitutional principles of judicial independence and accountability. She has academic backgrounds in both civil and common law systems having obtained her LLB (Hons) degree in English law from the University of Central England, Birmingham (1999), and her LLM degree in comparative and international law from the University of Maastricht (2000). After completing her studies, she held lecturing positions from the universities of Passau, Germany, and Maastricht, the Netherlands. She has a mixed teaching experience in public and private law. She has published across various subject matters within the framework of judicial organization and accountability. She is and has been connected to projects for the Commission for the Efficiency of Justice, at the Council of Europe. From August 2008, Gar Yein Ng holds a position as an assistant professor at the Legal Studies Department of the Central European University in Budapest.