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Judicial Review, Volume 10, Issue 4, March 2012

NCJ Number
Judicial Review Volume: 10 Issue: 4 Dated: March 2012 Pages: 370-503
Ruth Windeler
Date Published
March 2012
133 pages
Four papers in this issue examine how the judicial role has developed and how it should function in the modern world, and the other two papers address aspects of administrative law and sentencing law.
"Varieties of Judicial Method in the Late 20th Century" traces aspects of the judicial method in both trial and appellate courts over the past 50 years, identifying changes in institutional and material conditions; doctrines and customs over that time, including the decline of jury trials; technological changes that have increased the bulk of litigation; the theory and practices of the doctrine of precedent; and the conduct of hearings and delivery of judgments. This paper also identifies issues today's judges face before, during, and after a hearing. In "Justice for One-Half of the Human Race? Responding to Mary Wollstonecraft's Challenge," the Chief Justice of New Zealand explores how the claim for the equality of women with men under the law and in society has not yet been achieved. In advocating for judges to have insight into the values of society, the Chief Justice emphasizes the importance of diversity in the appointment of judges. "Magna Carta and the Judges: Realizing the Vision" calls for greater diversity in judicial office in terms of gender, ethnicity, and sexual orientation. "Continuing Judicial Education: the Australian Experience" discusses the purpose of continuing judicial education within the constitutional requirements for the appointment and removal of judicial officers, followed by a brief history of judicial education in Australia. "Occam's Razor and the Law" considers the administrative law concept of legitimate expectation, considering its justification in terms of fairness and the protection against abuse of power. The final paper, "An Economic Analysis of the Purposes of Sentencing," urges an empirical analysis of non-mainstream sentencing approaches.


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