The constitutional duty to give reasons for judicial decisions

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The obligation of judicial officers to provide reasons for their decisions has been described by Sir Anthony Mason, a former Chief Justice of the High Court, as an element of the broader 'culture of justification' that exists in modern democracies. While there is an increasing international scholarly literature examining the duty to give reasons for judicial decisions, the Australian scholarly literature is far less developed. This article contributes to that developing literature by arguing that in Australia there is an absolute constitutional duty to provide reasons for judicial decisions and by examining whether the general practice of the New South Wales Court of Appeal and the High Court complies with that duty when deciding applications for leave or special leave to appeal.
Original languageEnglish
Pages (from-to)923-951
Number of pages29
JournalUniversity of New South Wales Law Journal
Issue number3
Publication statusPublished - 2017
Externally publishedYes

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