Inquiry Into Australias Judicial System And The Role Of Judges
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Author | : Enid Campbell |
Publisher | : Cambridge University Press |
Total Pages | : 423 |
Release | : 2012-11-27 |
Genre | : Law |
ISBN | : 0521769167 |
This definitive survey of the Australian judiciary describes and evaluates the work, techniques, problems and future of courts and judges.
Author | : Sarah E. Redfield |
Publisher | : American Bar Association |
Total Pages | : 0 |
Release | : 2017 |
Genre | : Law |
ISBN | : 9781634258371 |
This book helps explain how many who pride themselves on being fair can be part of a system which is widely seen as unfair by those who have historically been victims of bias and prejudice. The central focus of the book is on the different approaches that courts can use to lessen the impact of implicit bias by "breaking the bias habit."
Author | : Gabrielle Appleby |
Publisher | : Cambridge University Press |
Total Pages | : 341 |
Release | : 2021-04-29 |
Genre | : Law |
ISBN | : 1108494617 |
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
Author | : Canadian Judicial Council |
Publisher | : |
Total Pages | : 56 |
Release | : 1998 |
Genre | : Law |
ISBN | : |
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Author | : Tim Bunjevac |
Publisher | : Springer Nature |
Total Pages | : 142 |
Release | : 2021-01-29 |
Genre | : Law |
ISBN | : 9813365064 |
This book is a comparative study of judge-managed court systems across Australia, Europe and North America. This book makes an original contribution to the literature of court administration by providing a framework for examining court-service models of judicial councils, the policymaking bodies of courts and tribunals. This book promises to assist court administration scholars, judicial leaders, and policymakers in devising more effective organizational solutions to the contemporary challenges of judicial self-governance. The author Dr. Tim Bunjevac offers a nuanced elaboration of judicial accountability in court administration and a model institutional framework of court governance, comparing key Australian and international models of court administration, including the Australian Federal and two state court systems, Irish, English, Canadian and Dutch models. With a close case study, the author puts his sharpest focus on the Victoria, Australia, which introduced a judicial council in 2014. This book does an innovative job of proposing a new elaboration of judicial accountability in court administration. This book proposes that the likely success of any court system reform ultimately depends on the quality of the interaction between the courts, government, and other justice system stakeholders, which must be rooted in the concepts of organizational transparency and administrative accountability.
Author | : Nicholas Aroney |
Publisher | : Cambridge University Press |
Total Pages | : 697 |
Release | : 2015-09-11 |
Genre | : Law |
ISBN | : 0521759188 |
This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.
Author | : Joshua Aston |
Publisher | : Springer Nature |
Total Pages | : 389 |
Release | : 2023-09-13 |
Genre | : Law |
ISBN | : 9819944600 |
This book encompasses areas of research like comparative constitution, transformative constitution, environmental law, family law, child rights and so on. The main theme of the book is comparative law. We intend to incorporate into this book laws pertaining to diverse field wherein it can be compared with the laws of other countries which brings in better understanding and conceptual clarity. The book focuses on the jurisprudence of different countries which enables the readers or clientele to get a better understanding of the principles of comparative law. The book showcases the comparative law jurisprudence prevalent across the globe so as to make use of the best practices for the betterment of humanity.
Author | : |
Publisher | : BRILL |
Total Pages | : 321 |
Release | : 2004-05-01 |
Genre | : Law |
ISBN | : 9047413717 |
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author | : Kcasey McLoughlin |
Publisher | : Routledge |
Total Pages | : 359 |
Release | : 2021-11-18 |
Genre | : Law |
ISBN | : 1000475530 |
This book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court’s historically masculinist gender regime. This book examines how the High Court’s gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court’s gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) questions the book pursues a methodology that conceptualises the High Court as an institution with a particular gender regime shaped historically by the dominant gender order of the wider society. The intersection between the (gendered) individuals and the (gendered) institution in which they operate produces and reproduces that institution’s gender regime. Hence, the enquiry is not so much asking ‘have women judges made a difference?’ but rather is asking how should we understand women judges’ relationship with the law, a relationship that is shaped as much by the individual judge as by the institutional context in which they operate. Scholars, legal practitioners and researchers interested in judicial reasoning, gender diversity and the legal profession, gender and politics will be interested in this book because it breaks new ground as a case study of a Court’s gender regime at a particular time.
Author | : Lee Epstein |
Publisher | : Harvard University Press |
Total Pages | : 491 |
Release | : 2013-01-07 |
Genre | : Law |
ISBN | : 0674070682 |
Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.