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- Title
RATIONING JUSTICE: TEMPERING DEMAND FOR COURTS IN THE MANAGERIALIST STATE.
- Authors
OPESKIN, BRIAN
- Abstract
Over the past generation there have been significant reforms to the way the state supports the just resolution of legal disputes. Influenced by public sector managerialism, the state has sought ever greater cost-effectiveness by tempering demand for justice in the courts. Using Australia as an example, this article analyses six processes by which the state has modulated this demand, namely, extinguishing, expelling, diverting, incentivising, filtering and demoting. But at what price? Greater efficiencies sometimes come at a cost to other fundamental values, such as access to justice, fair process, impartial decision-making, just outcomes and public trust. This article evaluates these tensions by examining a suite of specific demand management mechanisms that have been widely used in civil and criminal disputes in Australia.
- Subjects
AUSTRALIA; MANAGERIALISM; PUBLIC sector; SOCIAL justice; TRUST
- Publication
University of New South Wales Law Journal, 2022, Vol 45, Issue 2, p531
- ISSN
0313-0096
- Publication type
Article
- DOI
10.53637/leqd4918