Future-Proofing the Judiciary: Preparing for Demographic Change

ISBN-13: 9783030887490 / Angielski / Miękka / 2022 / 312 str.

Brian Opeskin

Opis

This book reinvigorates the field of socio-legal inquiry examining the relationship between law and demography. Originally conceived as 'population law' in the 1960s following a growth in population and a use of law to temper population growth, this book takes a new approach by examining how population change can affect the legal system, rather than the converse. It analyses the impact of demographic change on the judicial system, with a geographic focus on Australian courts but with global insights and it raises questions about institutional structures. Through four case studies, it examines how demographic change impacts on the judicial system and how should the judicial system adapt to embody a greater preparedness for the demographic changes that lie ahead? It makes recommendations for reform and speaks to applied demographers, socio-legal scholars, and those interested in judicial institutions.

Recenzje

"Brian Opeskin's book is a substantial work of scholarship and shines a light on the interaction between major societal changes and the Australian judicial system. ... I think an essential read for anybody engaged in the development of our judicial system and justice policies." (Robert S French AC, Australian Law Journal, Vol. 96, 2022)

Spis treści

Chapter 1 Introduction.

Chapter 2 Demography and the Judicial System.

Chapter 3 Mortality and the Future of Judicial Tenure.

Chapter 4 Population Ageing and the Future of Judicial Pensions.

Chapter 5 Population Redistribution and the Future of Lower Courts.

Chapter 6: Population Composition and the Future of Judicial Diversity.

Chapter 7 Conclusion.

O autorze

Brian Opeskin is Professor of Law and former Associate Dean (Research) at the University of Technology Sydney, Australia.

Blurb

"Future-Proofing the Judiciary offers a meticulous, fine-grained inquiry into the core, but rarely examined, topic of the demand and supply of judicial officers.  Breathing new life into the field of law and demography, Professor Opeskin impressively corrals multiple sources of public data to assess judicial tenure, pensions, the impact of population shifts on lower courts and judicial diversity.  This empirically rich book deepens the growing international field of judicial studies by addressing urgent policy questions for government, courts, judicial officers and the public they serve".

–Sharyn Roach Anleu, Matthew Flinders Distinguished Professor, Flinders University, Australia.

"This is a masterly study of how demography can be used to plan the future trajectories of institutions of government. By using the judiciary to demonstrate the case, Brian Opeskin builds on his considerable earlier work on courts and court systems in Australia. Although the focus of the book is on Australian conditions, the issues raised and insights offered are likely to be relevant across other common law states as well."

–Cheryl Saunders AO, Laureate Professor Emeritus, University of Melbourne, Australia.

This book reinvigorates the field of socio-legal inquiry examining the relationship between law and demography. Originally conceived as 'population law' in the 1970s following unprecedented growth in world population and the use of law to temper that growth, this book takes a fresh approach by examining how population change can affect legal systems, rather than the converse. Through four case studies, the book examines how demographic change impacts judicial systems and how those systems should adapt to embody greater preparedness for the demographic changes that lie ahead. The case studies focus on Australian courts and judges, but the book offers global insights and raises critical questions about institutional structures. In making recommendations for reform, it speaks to socio-legal scholars, applied demographers, and all those interested in judicial institutions.

Brian Opeskin is Professor of Law and former Associate Dean (Research) at the University of Technology Sydney, Australia