'Speaking Out - The More, the Better' Guest Lecture by Professor Allan C. Hutchinson (York University, Canada)

A member of Osgoode’s faculty since 1982, Professor Allan Hutchinson served as Associate Dean from 1994 to 1996 and later, in 2003, he was named Associate Dean (Research, Graduate Studies and External Relations). Professor Hutchinson is a legal theorist with an international reputation for his original and provocative writings. He was elected to the Royal Society of Canada in 2004 and named a Distinguished Research Professor by York University in 2006.  His research interests are law and politics; legal theory; the legal profession; constitutional law; torts; jurisprudence; civil procedure; and racism and law. Much of his work has been devoted to examining the failure of law to live up to its democratic promise.

In this guest lecture, Professor Hutchinson will deliver a talk based on a forthcoming book chapter: ‘Speaking Out: the More, the Better’.

Abstract

‘Because of judges’ enormous and largely unchallenged power, it is essential that we know much more about them.  If they exercise public power, then they should also be publicly known and publicly accountable for its exercise.  Encouraging judges to speak out is one way to do that.  And, as a necessary corollary, criticism and debate of judicial performance ought to be encouraged, not discouraged.  As such, I want to flip around the underlying rationale for judicial silence that judicial independence (a good thing) warrants anonymity and unaccountability (a bad thing).  On the contrary, my perspective is that, while independence is an integral feature of a professional judiciary in a democracy, this does not demand judicial silence, professional anonymity nor political unaccountability.  Indeed, judges should be open and candid about who they are so that their independence and accountability can be more easily and thoroughly scrutinised.  ‘Speaking Out’ (often and candidly) is the way to go.’

This hybrid event will take place in PCL048 and online via Teams.