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)
- Johannes RiedelEmail Johannes Riedel
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.
- Published on 11 Mar 2021
- Peer Reviewed