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Judicial Review: Selected Papers

NCJ Number
Judicial Review Volume: 9 Issue: 1 Dated: September 2008 Pages: 1-140
Ruth Windeler
Date Published
September 2008
140 pages
Select papers are presented from a broad spectrum of issues concerning the changing nature of the roles of judicial officers and judicial administration in the 21st century, and the particular challenges brought about by technology and public expectation.
The first paper examines the significant constitutional changes that have taken place in the United Kingdom since 2005 including the replacement of the Lord Chancellor by the Lord Chief Justice as head of the Judiciary of England and Wales and the formation of a Ministry of Justice. The second paper identifies the proper role of judges in a representative democracy, and distinguishes the role of the elected executive and legislature in deciding matters of policy with that of the unelected judiciary. The third paper examines the decreasing number of civil trials, and queries whether the tendency for parties to settle matters rather than proceed to trial may be the result of dissatisfaction with the judicial system. The fourth paper addresses the issue of maintaining consistency in sentencing for criminal offenses. The fifth paper discusses the reasons why appellate judges may choose strong words, and analyzes the negative impact of offensive language used in published judgments. The sixth paper discusses the variability of different forms of judicial review and examines the restrictions on the reviewing court. The seventh paper discusses the need for change in the judicial process to better manage mega-litigation, and considers the need for additional statutory protection for trial judges, especially at the pretrial stage. The eighth and final paper examines the problems of deliver of proper reasons for decision, discusses the relevant principles, especially regarding findings of fact based on witness credibility, and proposes a number of techniques for improving judgments. The Judicial Review publishes articles which are principally drawn from the Judicial Commission of New South Wales conference program and are selected on the basis of their usefulness and relevance to a judicial readership.


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