Agencification and the administration of courts in Israel

To shed a realist light on court administration and the regulation of judges in liberal-democratic countries, we conduct an empirical study of an organ that has attracted little attention: the Director of Courts in Israel – an administrative entity that “manages” the judiciary. In important respects, the Director may be regarded as a regulator of judges, thus assessment of judicial independence in Israel is incomplete without recognizing its presence. The institution of the Director has undergone agencification, which entailed augmentation of its capacities and an evolution in mindset regarding the implementation of these capacities. As a result, its powers, mode of operation, and organization have fundamentally transformed over time, as has the regulatory terrain within which judges conduct their business. By introducing novel indicators for assessment and applying them in an unfamiliar context, this paper offers important theoretical contributions to studies of the regulation and administration of courts and judges, and agencification.