Abstract
This article considers the evolving place of judicial education in the institutional architecture of Australian judiciaries, and makes the case for further research and investment. Once resisted as a threat to judicial independence and impartiality, participation in post-appointment education is increasingly normalised and valued by judges themselves. Yet commentators remain hesitant to engage squarely with education as a regulatory imperative, essential to maintaining justified public confidence in the judiciary. While education can and
should operate to support all core judicial values, it is designed primarily to ensure judicial competence, which warrants more explicit recognition as a core value in its own right. Centring competence in the value framework for judging serves to clarify and reinforce the existing case for a more structured and transparent judicial education system, drawing on a modern national curriculum, incorporating foundational skills-based education upon or before appointment, and maintaining the necessary political commitment to adequate ongoing resourcing.
should operate to support all core judicial values, it is designed primarily to ensure judicial competence, which warrants more explicit recognition as a core value in its own right. Centring competence in the value framework for judging serves to clarify and reinforce the existing case for a more structured and transparent judicial education system, drawing on a modern national curriculum, incorporating foundational skills-based education upon or before appointment, and maintaining the necessary political commitment to adequate ongoing resourcing.
Original language | English |
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Article number | 0918 |
Pages (from-to) | 622-635 |
Journal | Australian Law Journal |
Volume | 97 |
Issue number | 9 |
Publication status | Published - 18 Sept 2023 |