Judicial Independence and Individuality: Liberty as a Paradigm Shift from ‘Judicial to People’ Voicing Disagreement

Abstract

Indipendenza e individualità giudiziaria: la libertà come paradigma. Passaggio da un sistema giudiziario a uno popolare. Esprimere il dissenso – The ongoing debate in Italy on the dichotomy between judicial independence and individuality, with the eventual judicial capacity to express dissent, and the modern impulse in Australia towards joint judgments where possible, create a fruitful comparative dialogue on the topic of judicial dissent. In this article, we explore the stimulating perspective of liberty as a paradigm shift in discussions around the role of dissent in contemporary final courts. Three different levels of dialogical analysis are used in this article to consider the potential contribution of Australian judicial decision-making practices to promote the High Court as a significant model of a reflective judicial institution, well-positioned to inform the broader dialogue on comparative judicial behavior studies.

Keywords: Australian High Court; Consensus/dissent; Liberty; Independence; Individuality