Educating Judges: Towards a New Model of Continuing Judicial Learning

Front Cover
Martinus Nijhoff Publishers, Nov 22, 1996 - Law - 238 pages
This 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
SUBJECT INDEX
233
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