Judges and Judging: Today’s Challenges 732718

A student who has successfully completed this subject should:

Understand how judges work in the common law tradition, the challenges to carrying out their role and ways in which the work of a judge can be facilitated by counsel, solicitors and parties
Be aware of the role of judges as part of present-day expectations of litigation
Be aware of similarities and differences in the work of judges and courts in a range of jurisdictions, including Australia, the United Kingdom, the United States, Canada, New Zealand and the countries of the Asia-Pacific region
Be able to apply their learning to critically analyse and develop law reform proposals involving and affecting judges and courts.

Principal topics will include consideration, analysis, examination and discussion of present-day issues affecting judges and judging, including:

The role of judges in a representative democracy
Governance issues in courts
The relative merit and content of guidelines and codes of conduct for judges
Comparison of the judicial role in adversarial and civil systems
Global statements of the objectives of courts and judges
The ethical implications of impartiality
Judicial selection methods
Judicial training requirements pre and post appointment
The management of justice
The judicial role in taking expert evidence Judges and self-represented litigants
Accountability: Complaints and discipline
Preparing reasons for decision
Orality in argument and the role of written submissions
Coping with the media
Maintaining public confidence
Cultural issues in litigation: Indigenous litigation
Judges and the cost of litigation
The special role of Chief Justices
Judges and technology
Ethical impacts beyond the court
Future developments and proposals for law reform of the role of judges and court.

Melbourne Law School The Melbourne Law Masters