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Type: Journal article
Title: Judicial conduct: crafting a system that enhances institutional integrity
Author: Appleby, G.
Le Mire, S.
Citation: Melbourne University Law Review, 2014; 38(1):1-67
Publisher: Melbourne University, Law Review Association
Issue Date: 2014
ISSN: 0025-8938
Statement of
Gabrielle Appleby, Suzanne Le Mire
Abstract: Judges are human. It is their humanity that allows them to pass judgement on the complexities of fact and law in cases before them. However, their humanity also means they are subject to the usual gamut of human frailties. Problematic judicial conduct remains rare in Australia. However, failing to acknowledge and address it has the potential to damage the integrity of the courts and undermine the ability of individual judges to fulfil the judicial function. In this article we examine the requirements for a 'good' complaints system through a comparative analysis of systems operating in Australia and overseas. We proffer an alternative system for Australia, tailored to fit within our constitutional constraints whilst promoting the institutional integrity of the judiciary.
Keywords: Procedural justice; discipline
Rights: Copyright of Melbourne University Law Review is the property of Melbourne University Law Review Association Inc. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use.
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