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Should Judges Bite Back?
journal contributionposted on 2023-09-11, 05:24 authored by Matthew GrovesMatthew Groves
Judges and their decisions are often criticised by the media and politicians. Those criticisms can sometimes be unfair or simply wrong, but the extent to which judges can and should reply to or correct such criticisms is limited in many ways. The norms and institutional obligations of judges limits, sometimes even precludes, their ability to correct inaccurate or wrongful criticism. This article examines recent incidents to consider when and why judges might respond to wrongful public criticisms. The article argues that the occasions when it would be useful for a judge to respond are very limited.