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Joe McIntyre, The Judicial Function Fundamental Principles of Contemporary Judging. Springer, Singapore, 2019. Pp. 302, ISBN: 978-981-32-9114-0; 978-981-32-9115-7 (eBook) Cover

Joe McIntyre, The Judicial Function Fundamental Principles of Contemporary Judging. Springer, Singapore, 2019. Pp. 302, ISBN: 978-981-32-9114-0; 978-981-32-9115-7 (eBook)

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Open Access
|Mar 2021

Abstract

Reflection on the judicial role leads to an analysis of the courts’ function in dispute resolution and social governance. Judicial decision-making is characterised as the interaction of reason and intuition, with the method of that decision-making being to establish relevant norms, assess the facts and apply the law to the facts. The impartiality and independence of the courts are described as dependent on their function and not as a consequence of the separation of powers. Extensive research is presented on threats to impartiality and on mechanisms to counter such threats. The result is a pleading for the critical role of courts in the governance of society.

DOI: https://doi.org/10.36745/ijca.376 | Journal eISSN: 2156-7964
Language: English
Page range: 6 - 6
Published on: Mar 11, 2021
Published by: International Association for Court Administration
In partnership with: Paradigm Publishing Services

© 2021 Johannes Riedel, published by International Association for Court Administration
This work is licensed under the Creative Commons Attribution 3.0 License.