Tribunals

1
Tribunals Articulating their ethics and
jurisprudence
2
Introduction

• Assumptions made regarding the membership and
  workings of current tribunals
• The limits of legislation and codes
• A short and spectacular life the time for
  reflection

3
Topics of Discussion

• Tribunal Members
• Appointment and training
• Tribunal philosophy the importance of
  articulating ethics and jurisprudence
• Thoughts on applications to the integrity branch

4
Tribunal Members

• Assumptions of knowledge and personal expertise
• Lawyer/ non-lawyer members
• The limits of written guidance

5
Appointment and Training

• Current avenues for role-specific training
• Forums and discussion
• Tenure and the effect on practice

6
Tribunal Philosophy

• Virtue jurisprudence v traditional approaches
• Courage, wisdom, intelligence, temperance and
  temperament
• A vote for the aretaic turn in practice

7
Issues for the Integrity Branch

• Tribunals as guardians of administrative
  integrity
• Recent thoughts on the emergence and growth of
  the integrity branch
• Self governance and external scrutiny for
  integrity institutions

8
Summary

• Best practice in tribunals
• The importance of member character
• The value of theory in future practice
• Acknowledging the unique nature of the sector

9
A closing thought

• Tribunals in their current form are the work of
  a period of less than one hundred years in
  length at the close of the nineteenth century,
  no observer could have foreseen the experiment
  which produced the wide range of flexible,
  accessible and effective tribunals with which we
  are familiar. In the next hundred years we should
  not be surprised if there are further dramatic
  changes and we should do our part to ensure that
  those changes take us in a positive direction
  (Bilson 2000 10)