Educating Judges: Towards a New Model of Continuing Judicial LearningThis volume provides the first comprehensive study of judicial education. Judicial education is new to the common law tradition of judging. During the past twenty years, the education of judges has become a matter of considerable prominence and debate in the United States, Britain, Canada and Australia, most recently prompted by media complaints of gender and racial bias. This work researches the underlying issues through a comparative analysis of experience across the common law world. The author explores the need for judicial education and how it should be provided. He argues that judicial education is a distinctive process, owing to the doctrine of judicial independence and a number of educational considerations. The work offers a model approach for educating judges and provides analysis, reasoned insights and practical assistance for judges and educators to guide future endeavour. With an introduction from Sir Anthony Mason, Chief Justice of Australia between 1987 and 1995. |
Contents
Introduction | 3 |
Professionalization | 5 |
Concept of Competence | 7 |
Quest for Accountability | 10 |
History | 12 |
Outline | 20 |
The Need for Judicial Education I | 23 |
Educational Need | 24 |
Assessment of Need | 67 |
Methodology and Technique | 71 |
Empirical Research | 75 |
Findings in Australia | 83 |
Observations | 96 |
Adult Learning | 105 |
75 | 112 |
83 | 113 |
Philosophical Debate | 29 |
Judicial Selection | 41 |
Criteria II Extraneous Considerations III Models of Selection IV Consultation ix xi 41 MT2 2 2 2 7 8 8 8 | 42 |
10 | 43 |
12 | 44 |
20 | 47 |
24 | 48 |
29 | 49 |
Judges as Learners | 129 |
Frameworks of Policy and Practice | 155 |
Educational Evaluation | 183 |
Conclusions | 215 |
BIBLIOGRAPHY | 223 |
233 | |
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Common terms and phrases
Adult Education adult learning analysis Andragogy Anthony Mason application approach argues artistry Australia Australian Law Journal behaviour bench Brookfield Catlin chapter characteristics continuing education continuing judicial education Continuing Professional Education Court criteria defined described developmental distinctive doctrinal educa education program educational evaluation educational needs effective experience facilitation factors formalized goals Houle humanistic identified impact important JERITT Jossey-Bass Journal of Judicial judges Judicial Administration Judicial Commission judicial competence judicial independence judicial learning judicial officers judicial performance judicial selection Judicial Studies Board judiciary justice knowledge Knowles learners learning process Legal Education Lord Hailsham measure merit methodology Michigan State University National Judicial need for judicial Needs Assessment observed orientation outcomes participation in continuing practice of judicial process of judicial profes professional competence professional development reasons for participation response role Schon self-directed Shetreet significant skills social South Wales standards theory tion Westminster system