There has been a spate of recent articles by current, and former, judges in Australia debating the relative merits of joint and separate judgments. One of the arguments against joint judgments is that they entail the loss of individual voice and due recognition for the development of the law.
Please access a pdf of the full article using the link to the left.
(2017) 40(2) UNSWLJ 670: https://doi.org/10.53637/YRXN8776
- See, eg, Justice Dyson Heydon, ‘Threats to Judicial Independence: The Enemy Within’ (2013) 129 Law Quarterly Review 205; Sir Anthony Mason, ‘Reflections on the High Court: Its Judges and Judgments’ (2013) 37 Australian Bar Review 102; Peter Heerey, ‘The Judicial Herd: Seduced by Suave Glittering Phrases?’ (2013) 87 Australian Law Journal 460; Justice Stephen Gageler, ‘Why Write Judgments?’ (2014) 36 Sydney Law Review 189; Justice Susan Kiefel, ‘The Individual Judge’ (2014) 88 Australian Law Journal 554. For a summary of the alternative views expressed in these offerings see Andrew Lynch, ‘Keep Your Distance: Independence, Individualism and Decision-Making on Multi Member Courts’ in Rebecca Ananian-Welsh and Jonathan Crowe (eds), Judicial Independence in Australia – Contemporary Challenges, Future Directions (Federation Press, 2016) 156.