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Should Judges Bite Back?

journal contribution
posted 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.

History

Journal

Australian Bar Review

Volume

53

Article number

not known

Location

Sydney

ISSN

0814-8589

Language

English

Notes

This article has been accepted for publication in the last 2023 dated issue of this journal. The timing and details of publication were confirmed by email to me on 4 Sept 2023 (copy of that email on file). The proof copy has not yet arrived and may not arrive before the FREM cut off date.

Issue

2

Publisher

LexisNexis

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