The Constitutional Duty to Give Reasons for Judicial Decisions

2017 ◽  
Vol 40 (3) ◽  
Author(s):  
Luke Beck
Keyword(s):  
High Court ◽  
Scholarly Literature ◽  
Judicial Decisions ◽  
Chief Justice

The obligation of judicial officers to provide reasons for their decisions has been described by Sir Anthony Mason, a former Chief Justice of the High Court, as an element of the broader ‘culture of justification’ that exists in modern democracies. While there is an increasing international scholarly literature examining the duty to give reasons for judicial decisions, the Australian scholarly literature is far less developed.

scholarly journals An open and reproducible analysis of a controversial criminal law decision: Mission IMM-possible?

2020 ◽  
Author(s):  
Jason Chin
Keyword(s):  
Open Source Software ◽  
Research Process ◽  
High Court ◽  
The Public ◽  
Judicial Decisions ◽  
Research Fields ◽  
Law And Policy ◽  
Criminological Research ◽  
Reproducible Analysis ◽  
High Court Of Australia

Reproducibility and open access are central to the research process, enabling researchers to verify and build upon each other’s work, and allowing the public to rely on that work. These ideals are perhaps even more important in legal and criminological research, fields that actively seek to inform law and policy. This article has two goals. First, it seeks to advance legal and criminological research methods by serving as an example of a reproducible and open analysis of a controversial criminal evidence decision. Towards that end, this study relies on open source software, and includes an app (https://openlaw.shinyapps.io/imm-app/) allowing readers to access and read through the judicial decisions being analysed. The second goal is to examine the effect of the 2016 High Court of Australia decision, IMM v The Queen, which appeared to limit safeguards against evidence known to contribute to wrongful convictions in Australia and abroad.

The Australian Judicial System: The Proposed New Federal Superior Court

1964 ◽  
Vol 1 (1) ◽  
pp. 1-23
Author(s):  
Sir Garfield Barwick
Keyword(s):  
Judicial System ◽  
Considerable Time ◽  
High Court ◽  
Chief Justice

Sir Garfield Barwick prepared this article some considerable time ago. It was in the hands of the publishers well before Sir Owen Dixon's retirement as Chief Justice of the High Court. The Review, including the article, was in course of printing when Sir Garfield's appointment as Chief Justice was announced on 23 April, 1964.

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