Overview
Frames the judicial function into its dispute resolution and societal governance aspects
Collates material on the judiciary across a number of fields
Derives a theory of the judiciary as an institution based on a theory of judicial function
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Table of contents (15 chapters)
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Front Matter
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Introduction – Developing Principles of Contemporary Judging
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Front Matter
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The Nature of the Judicial Function
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Front Matter
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The Judicial Decision-Making Method
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Front Matter
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Judicial Impartiality, Deviations and Threats to Judicial Method
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Front Matter
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Judicial Integrity and Accountability
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Front Matter
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Keywords
About this book
Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it.
This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century.
The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions.
Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.
Authors and Affiliations
About the author
Joe McIntyre is a Senior Lecturer in the School of Law at the University of South Australia, Adelaide, Australia. He undertook his doctoral research at the University of Cambridge, and has held academic posts in the UK, Canada and Australia. His research focuses on the critical and comparative study of courts, both in the exposition of primary concepts and the application of those concepts in concrete situations. This applied research covers such diverse areas as civil procedure reform, the operation of international tribunals, public law limits on the operation of courts, the digitisation of courts, and the empirical analysis of judicial decision-making.​
Bibliographic Information
Book Title: The Judicial Function
Book Subtitle: Fundamental Principles of Contemporary Judging
Authors: Joe McIntyre
DOI: https://doi.org/10.1007/978-981-32-9115-7
Publisher: Springer Singapore
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Singapore Pte Ltd. 2019
Hardcover ISBN: 978-981-32-9114-0Published: 02 October 2019
Softcover ISBN: 978-981-32-9117-1Published: 02 October 2020
eBook ISBN: 978-981-32-9115-7Published: 16 September 2019
Edition Number: 1
Number of Pages: XIX, 302
Number of Illustrations: 3 b/w illustrations
Topics: Theories of Law, Philosophy of Law, Legal History, Administrative Law, Constitutional Law