The Judge, the Judiciary and the Court: Individual, Collegial and Institutional Judicial Dynamics in Australia

by Gabrielle Appleby (Editor), Andrew Lynch (Editor)

Overview

The Judge, the Judiciary and the Court is aimed at anyone interested in the Australian judiciary today. It examines the impact of the individual on the judicial role, while exploring the collegiate environment in which judges must operate. This professional community can provide support but may also present its own challenges within the context of a particular court's relational dynamic and culture. The judge and the judiciary form the 'court', an institution grounded in a set of constitutional values that will influence how judges and the judiciary perform their functions. This collection brings together analysis of the judicial role that highlights these unique aspects, particularly in the Australian setting. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote the institutional values of the court.

Product Details

ISBN-13:	9781108796712
Publisher:	Cambridge University Press
Publication date:	02/16/2023
Pages:	339
Product dimensions:	5.98(w) x 8.98(h) x 0.71(d)

About the Author

Gabrielle Appleby is a Professor at University of New South Wales Law in Sydney, Australia. She is the Director of The Judiciary Project at the Gilbert + Tobin Centre of Public Law and her books include Judicial Federalism in Australia (2021), Australian Public Law (3rd ed, 2018), The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest (2016); and The Tim Carmody Affair (2016).

Andrew Lynch is Acting Dean of University of New South Wales Law in Sydney, Australia. He researches constitutional law, judicial dissent and judicial appointments. A Fellow of the Australian Academy of Law, his books include Blackshield & Williams' Australian Constitutional Law and Theory (2014, 2018), Australia's Greatest Judicial Crisis: The Tim Carmody Affair (2016) and Great Australian Dissents (2016).

Table of Contents

Part I: The Judge, the Judiciary and the Court: 1. The judge, the judiciary and the court: the individual, the collective and the institution Gabrielle Appleby and Andrew Lynch; 2. Re-examining the judicial function in Australia Joe McIntyre; 3. The Chief Justice: under relational and institutional pressure Gabrielle Appleby and Heather Roberts; Part II: Debates and Challenges to the Judicial Role: 4. Dismantling the diversity deficit: towards a more inclusive Australian Judiciary Brian Opeskin; 5. Technology and the judicial role Monika Zalnieriute and Felicity Bell; 6. Emotion work as judicial work Sharyn Roach Anleu and Kathy Mack; 7. The persistent pejorative: judicial activism Tanya Josev; Part III: The Judiciary as a Collective: 8. Judicial collegiality Sarah Murray; 9. Individual judicial style and institutional norms Andrew Lynch; 10. Values and judicial difference in the High Court Rachel Cahill-O'Callaghan; Part IV: Perceptions: 11. Judges and the media Matthew Groves; 12. The 'good judge' in Australian popular television culture Penny Crofts.

Editorial Reviews

‘This is a major and important work of legal scholarship and social analysis.’ The Hon RI Barrett AO, Australian Law Journal

'This work brings together in one volume a rich talent of thoughtful discussions of the long-term foundation of our liberal democracy, the judges and their courts … the book is well bound and excellently presented.’ Dr Andrew Cannon

From the Publisher