Evaluating the Performance of Indigenous Sentencing Courts

16 Pages Posted: 28 Aug 2013 Last revised: 7 Nov 2013

See all articles by Nigel Stobbs

Nigel Stobbs

Queensland University of Technology - Faculty of Law

Geraldine MacKenzie

Bond University - School of Law

Date Written: August 26, 2013

Abstract

Critics argue that the very existence of Indigenous courts constitute an unacceptable legal dualism and a breach of the rule of law. This is refelcted in inappropriatelty shallow schemes for the assessment and evaluation of these courts. Efficiency and effectiveness are often conflated. This paper explores a range of techniques and contexts in which these specialist courts could be evaluated to give a more nuanced and realistic understanding of what they can and could achieve.

Keywords: Specialist courts, Indigenous sentencing, Court evaluation

JEL Classification: K14

Suggested Citation

Stobbs, Nigel and MacKenzie, Geraldine, Evaluating the Performance of Indigenous Sentencing Courts (August 26, 2013). Available at SSRN: https://ssrn.com/abstract=2316453 or http://dx.doi.org/10.2139/ssrn.2316453

Nigel Stobbs (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Geraldine MacKenzie

Bond University - School of Law ( email )

Gold Coast, QLD 4229
Australia

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