Reforming Responses to the Challenges of Judicial Incapacity

Andrew Lynch and Alysia Blackham, ‘Reforming Responses to the Challenges of Judicial Incapacity' (2020) 48 (2) Federal Law Review 214-246

UNSW Law Research Paper No. 2020-27

34 Pages Posted: 21 May 2020

See all articles by Andrew Lynch

Andrew Lynch

University of New South Wales

Alysia Blackham

Melbourne Law School, the University of Melbourne; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: March 20, 2020

Abstract

Judicial incapacity, while under-researched, presents unique challenges for supporting and responding to issues of judicial performance. In this article, we argue for a reconceptualisation of this topic based on contemporary theories of socially-constructed disability and principles of anti-discrimination law. While assisting and supporting judicial officers who are attempting to work with a disability or ongoing health issue will always be complex, this reconceptualisation offers heads of jurisdiction, conduct commissions and parliamentarians, who retain the ultimate sanction of removal, the opportunity to craft a surer guide for handling cases of incapacity. This will not only better serve the individual concerned, affording them greater agency and dignity than has traditionally been the case, but also protect the principle of judicial independence.

Keywords: judicial incapacity, judicial performance, socially-constructed disability, disability, anti-discrimination

Suggested Citation

Lynch, Andrew and Blackham, Alysia, Reforming Responses to the Challenges of Judicial Incapacity (March 20, 2020). Andrew Lynch and Alysia Blackham, ‘Reforming Responses to the Challenges of Judicial Incapacity' (2020) 48 (2) Federal Law Review 214-246, UNSW Law Research Paper No. 2020-27, Available at SSRN: https://ssrn.com/abstract=3606908

Andrew Lynch (Contact Author)

University of New South Wales ( email )

Kensington
High St
Sydney NSW 2052
Australia

Alysia Blackham

Melbourne Law School, the University of Melbourne ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://https://www.findanexpert.unimelb.edu.au/display/person97769

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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