The Problematic of Judicial Accountability

Judicial officers are critical actors in the operation of the justice system. Because of the powers inherent in this role, protections for judicial independence and protections against judicial misconduct are equally essential elements in the design and operation of the justice system. Judicial self-regulation has been the primary arrangement for responding to substantiated allegations of misconduct that is deemed insufficient to warrant referral to parliament for consideration of removal from office. Reflecting on the relatively recent performance of systems and processes in responding to alleged judicial misbehaviour, this article seeks to foster discussion on the best means for achieving the balance between the power of the position and accountability for its exercise.