Justice Must Be Seen to Be Done: A Contextual Reappraisal

Richardson-Oakes, Anne and Davies, Haydn (2016) Justice Must Be Seen to Be Done: A Contextual Reappraisal. Adelaide Law Review, 37 (2). pp. 461-494. ISSN 0065-1915

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Abstract

This article locates Lord Hewart CJ’s well-known dictum ‘justice must be seen to be done’ in the context of early 20th century concerns with the composition of the League of Nations’ Permanent Court of International
Justice. These concerns related to perceptions of judicial independence but his remarks now sustain an impartiality analysis criticised both for its amorphous nature and for its failure to address the relational dimensions of public confidence and legitimacy. In the 21st century, the composition of the judicial bench is once again an issue of concern but the imperatives are those of democracy and accountability. From this perspective, the appearance of justice is best served by judges who are reflective of
the community they are appointed to serve. The ‘fair reflection principle’ of judicial international standards brings renewed attention to the issue of the composition of the judicial bench, giving contemporary substance to Lord Hewart’s remarks and illustrating further the dynamic connection between evolving national and international norms.

Item Type: Article
Uncontrolled Keywords: judicial independence and impartiality; appearances and judicial composition; Permanent Court of International Justice; international judiciary
Subjects: M100 Law by area
Divisions: Faculty of Business, Law and Social Sciences > School of Law
UoA Collections > UoA20: Law
Depositing User: Anne Richardson-Oakes
Date Deposited: 22 Mar 2017 14:33
Last Modified: 22 Mar 2017 14:33
URI: http://www.open-access.bcu.ac.uk/id/eprint/4074

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