TY - CHAP
T1 - Inside Out or Outside In?
T2 - Looking at Judges’ Relations with the Public in Canada and China
AU - Zariski, Archie
AU - Shi, Changqing
N1 - Publisher Copyright:
© 2018, Springer Nature Singapore Pte Ltd.
PY - 2018
Y1 - 2018
N2 - This chapter presents comparative case studies of relations between members of the judiciary in Canada and China with the public in general in those countries. It adopts a conceptual and theoretical framework centered on comparing internal (participants) and external (observers) perspectives on the judicial institution specifically as they relate to questions of social legitimacy of courts and their judges. The actions of several prominent judges in both countries concerning high profile cases and issues are described and analyzed within this framework. The responses of the judiciaries of Canada and China to the challenge they share of securing and protecting their legitimacy in the eyes of the public are thus compared and contrasted. Two types of counter-intuitive results of this comparison are found: those where the two judiciaries appear to be following the same steps, but when examined closely, for different purposes, and the opposite situation where actions differ but purposes accord. These situations occur respectively in the areas of regulation of judicial activity in local matters, and actions intended to enhance the sociological legitimacy of the judiciary.
AB - This chapter presents comparative case studies of relations between members of the judiciary in Canada and China with the public in general in those countries. It adopts a conceptual and theoretical framework centered on comparing internal (participants) and external (observers) perspectives on the judicial institution specifically as they relate to questions of social legitimacy of courts and their judges. The actions of several prominent judges in both countries concerning high profile cases and issues are described and analyzed within this framework. The responses of the judiciaries of Canada and China to the challenge they share of securing and protecting their legitimacy in the eyes of the public are thus compared and contrasted. Two types of counter-intuitive results of this comparison are found: those where the two judiciaries appear to be following the same steps, but when examined closely, for different purposes, and the opposite situation where actions differ but purposes accord. These situations occur respectively in the areas of regulation of judicial activity in local matters, and actions intended to enhance the sociological legitimacy of the judiciary.
UR - http://www.scopus.com/inward/record.url?scp=85143494972&partnerID=8YFLogxK
U2 - 10.1007/978-981-13-1023-2_7
DO - 10.1007/978-981-13-1023-2_7
M3 - Chapter
AN - SCOPUS:85143494972
T3 - Ius Gentium
SP - 175
EP - 215
BT - Ius Gentium
ER -