The Relentless Rise of Judicial Specialisation and its Implications for Judicial Systems

Abstract

Abstract Specialisation of labour has long been regarded as a central mechanism for enhancing the productivity of workers and the economic prosperity of nations. But do these advantages accrue in the judicial resolution of disputes, or should judges be generalists administering the law as an integrated body of rules and principles? Viewing the evolution of courts across the common law world, the rise of judicial specialisation has been relentless—suggesting that it delivers significant benefits. It extends far beyond specialisation by legal subject matter and it is achieved through many modalities beyond the establishment of new courts. However, to understand the proper role of specialisation, it is necessary to ask what impact it has on core values of the judicial system, namely, cost-effectiveness, just outcomes, impartiality, public trust, access to justice, and procedural fairness. This essay argues that judicial specialisation often has competing impacts on these values but that careful institutional design, especially through hybrid specialisation, can deliver significant benefits while minimising costs. Modern judicial systems need to be attentive to the diverse effects of specialisation so they can adapt to the complexities of contemporary dispute resolution.