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8 - Judicial Collegiality

from Part III - The Judiciary as a Collective

Published online by Cambridge University Press:  04 May 2021

Gabrielle Appleby
Affiliation:
University of New South Wales, Sydney
Andrew Lynch
Affiliation:
University of New South Wales, Sydney
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Summary

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.

Type
Chapter
Information
The Judge, the Judiciary and the Court
Individual, Collegial and Institutional Judicial Dynamics in Australia
, pp. 189 - 207
Publisher: Cambridge University Press
Print publication year: 2021

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