Please use this identifier to cite or link to this item:
https://hdl.handle.net/2440/76874
Type: | Journal article |
Title: | Some problems with extrajudicial writing |
Author: | Bartie, S. Gava, J. |
Citation: | The Sydney Law Review, 2012; 34(4):637-658 |
Publisher: | LBC Information Services |
Issue Date: | 2012 |
ISSN: | 0082-0512 |
Statement of Responsibility: | Susan Bartie and John Gava |
Abstract: | Since the Second World War, judges in Australia and the United Kingdom have increasingly written legal articles and textbooks. The purpose of this article is to test current dogma, which paints as innocuous the practice of extrajudicial writing on points of law, by showing that there are some very real problems raised by the practice; problems that threaten the integrity of the judiciary. We argue that committed writing by sitting judges amounts to prejudging of potential legal issues, and acts as a signal to potential litigants. It is also argued that committed extrajudicial writing differs in its effects to holdings in previous cases; that it is different in fundamental ways from the writing of academics who subsequently become judges or the advocacy of barristers and solicitors who go on to become judges, and that its contemporary prevalence is not a measure of its appropriateness. Finally, we will offer a solution to the problems that we have identified: judicial silence. |
Rights: | ©Sydney Law Review |
Published version: | http://search.informit.com.au/documentSummary;dn=060373382891444;res=IELAPA |
Appears in Collections: | Aurora harvest Law publications |
Files in This Item:
File | Description | Size | Format | |
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RA_hdl_76874.pdf Restricted Access | Restricted Access | 350.47 kB | Adobe PDF | View/Open |
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