Paperback, 144 pp, September 2003, ISBN 0 7313 5603 9  $40.00 + GST

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Description

A Matter of Judgment explores some of the issues surrounding the important tasks of judicial decision-making and judgment writing.

The decision-making role of judges and magistrates has been controversial at times — do they make law and, if so, what factors do they, and should they, consider? The authors writing on decision-making address some important aspects of this topic, including the nature of the judicial process, the role of impartiality in decision-making, the values and considerations that should govern judicial decision-making, and the way in which changing public perceptions have impacted on the judicial role. They also provide guidance on how judicial officers can resolve the challenges inherent in decision-making.

Many of the authors make the point that judgments are not delivered in isolation — their function is to communicate to various audiences, ranging from the parties and appellate courts to the wider community.  The articles on judgment writing thus aim to provide guidance to ensure that judgments clearly and effectively communicate both the decision and the process leading to the decision. Other questions addressed are when judicial officers should give unreserved judgments and how they should prepare for delivering a judgment, whether ex tempore or written.

A Matter of Judgment promotes high standards in judicial decision-making and offers practical assistance with the mechanics of judgment writing. It is intended as a useful and thought-provoking resource for judicial officers.

Contents

Foreword

    The Honourable Chief Justice JJ Spigelman AC

The Nature of the Judicial Process & Judicial Decision-Making

    The Honourable Sir Anthony Mason AC KBE

Judicial Impartiality: The Impossible Quest?

    The Right Honourable Madam Chief Justice Beverley McLachlin PC

Unconscious Judicial Prejudice

    The Honourable Justice Keith Mason AC

Judging: Reflections on the Moment of Decision

    The Honourable Justice Michael Kirby AC CMG

Decision-Making, Public Opinion and Concepts of Rights

    The Honourable Justice Rosalie Silberman Abella

Why Write Judgments?

    The Right Honourable Sir Frank Kitto AC KBE

Ex Tempore Judgments

    Dr Elwyn Elms

Clarity and the Rule of Law: The Role of Plain Judicial Language

    Mr Mark Duckworth

Judgment Writing: Form and Function

    The Honourable Dennis Mahoney AO QC

7 Steps to Clearer Judgment Writing

    The Honourable Justice Linda Dessau and His Honour Judge Tom Wodak

Index