NCJ Number
176564
Journal
Judicial Review Volume: 4 Issue: 1 Dated: 1998 Pages: 17-35
Date Published
1998
Length
19 pages
Annotation
The High Court of Australia is examined with respect to criticisms directed toward it and the way in which this criticism undermines public confidence in the law and the legal system; the author recommends improving the communication of judicial reasoning by appointing a media relations unit headed by an executive legal officer.
Abstract
Intense public and media scrutiny has made the 1990s a difficult time for the High Court. The court's current problem flows from its involvement in the highly sensitive topic of native title to property and the resulting criticisms, particularly by politicians. The High Court is now embroiled in the intensely divisive political contest over the future of workplace relations on the Australian waterfront. What is at stake is a crisis of public confidence in the institution that is at the heart of the system of justice and the rule of law. Possible means of addressing this problem include judicial involvement in public debate, academic support for the High Court, and reliance on the Attorney General for support. The most appropriate approach would be to increase public access to information about the court's judgments and presentation of that information in a more understandable form than at present. Steps to achieve this include writing decisions in a plainer style, focusing decisions more closely on the issue at hand, and changing the administrative arrangements for communicating judicial decisions. Therefore, the court should establish a media relations unit modeled on that of the Supreme Court of Canada. Footnotes