Collective Decision-Making - The Current Australian Debate

(2015) European Journal of Current Legal Issues Vol 21(1)

UNSW Law Research Paper No. 2015-36

11 Pages Posted: 7 Aug 2015

See all articles by Andrew Lynch

Andrew Lynch

University of New South Wales

Date Written: August 5, 2015

Abstract

This article considers some of the central themes of Professor Alan Paterson's studies on the House of Lords and United Kingdom Supreme Court through a discussion of recent judicial reflections in Australia on the benefits and risks of collective decision-making on appellate courts. The author contrasts the quite markedly opposing views expressed by recent and current High Court of Australia judges on the topic of joint judgments and internal processes of decision-making. At the same time he places these alongside the evidence Paterson has amassed about judicial behaviour and attitudes on the same in the United Kingdom. The argument is made that these debates are familiar and tend to be cyclical. The extent to which they are capable of - or even require - resolution remains questionable.

Keywords: House of Lords, UK, Supreme Court, Australia, collective decision-making, Court of Australia, judicial behaviour

Suggested Citation

Lynch, Andrew, Collective Decision-Making - The Current Australian Debate (August 5, 2015). (2015) European Journal of Current Legal Issues Vol 21(1); UNSW Law Research Paper No. 2015-36. Available at SSRN: https://ssrn.com/abstract=2640360

Andrew Lynch (Contact Author)

University of New South Wales ( email )

Kensington
High St
Sydney NSW 2052
Australia

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