Reflecting on the judicial role: how valid is the analogy that ‘judges are like umpires’?

摘要

This article draws on the views of judges expressed both judicially and extra-judicially. It identifies the similarities between the two roles: umpires and judges are not players in the game; neither may favour a particular team. It then examines decision-making as the core function of both roles. It describes judicial decision-making as a process comprised of four elements, namely: identifying the applicable rules; interpreting the applicable rules; applying the applicable rules; and making new applicable rules. Utilising this framework the article considers the decision-making function of judges, concluding that judicial decision-making is far more complex and elusive than umpiring.View full textDownload full textRelated var addthis_config = { ui_cobrand: "Taylor & Francis Online", services_compact: "citeulike,netvibes,twitter,technorati,delicious,linkedin,facebook,stumbleupon,digg,google,more", pubid: "ra-4dff56cd6bb1830b" }; Add to shortlist Link Permalink http://dx.doi.org/10.1080/03050718.2012.646732