Judicial Accountability and Conduct: An Overview

Abstract

One of the most visible aspects of the evolution on the modern democratic state is the increasing political, social and economic relevance of the judiciary. The diffusion of legislation protecting a wide range of citizens’ social and economic interests has generated ever increasing occasions for citizens to resort to judges for the protection of their rights (e.g. regarding human rights, health, social security, education, labour relations, family relations, commercial relations, customer’s rights, even recreational activities and the media). Indeed, there are very few areas of vital interest for citizens that have remained untouched by judicial decisions. 1 Such phenomena are mainly due to the so-called law explosion and the changing nature of legislation connected to the development of the welfare state. Moreover, the dangerous evolution of criminal activities – from those in the metropolitan areas to those that have acquired an international dimension – has made judicial repression of crime ever more important. Indeed, the very development of the welfare state has had important consequences also in the criminal sector, insofar as the state and other public agencies have become the main spending subjects, with the consequence of increasing the occasions for corruption, now present at an unprecedented level.