from Part III - The Judiciary as a Collective
Published online by Cambridge University Press: 04 May 2021
This chapter considers the (often hidden) role of judicial collegiality in a multi-member court, looking at the Australian High Court experience within a comparative perspective. In unravelling the tensions within the different deployments of the concept of ‘collegiality’, it explores the potential for various inter-judicial dynamics to affect the performance and achievement of the judicial mission. It traverses the institutional influences on collegiality and how the concept contributes to institutional dynamics. Finally, it grapples with the argument of whether collegiality is emerging as a judicial value, and what this means for the role of the judge and the court.
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