Judicial accountability

From Judgepedia

Judicial philosophy
Philosophy of law
Judicial activism Judicial empathy Judicial minimalism Judicial restraint Plain Meaning Rule Strict constructionism Legislative intent Living Constitution Judicial interpretation Judicial accountability Judicial independence Originalism Stare decisis Textualism

The phrase judicial accountability describes the view that voters must be able to hold judges accountable through processes such as elections. The move for judicial accountability is often seen as being in conflict with the move for judicial independence.

Those who argue in support of judicial accountability base their position in the view that state judges make law much in the way the legislature does. From rulings affecting product liability, torts, and contract claims, the shape of a state's judiciary often mirrors the state's concomitant dedication to liberty. If this position describes the way that state judges act when in office, then it is important to build many mechanisms into the election and political system to ensure that they can be held accountable on an ongoing basis.

Little fanfare has surrounded the movement behind judicial accountability. When judges become so independent that they flagrantly disregard the law, then the rule of law ultimately suffers. Judicial accountability promotes the rule of law by giving citizens an instrument to thwart renegade judges. In addition, judicial accountability fosters responsible judges by making the courts responsive to the public they serve.