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from Part V - Cross-Cutting Issues of Fundamental Rights in the AFSJ
Published online by Cambridge University Press: 06 August 2021
This chapter offers a broad reflection on the difficulties and challenges that the notion of trust presents for judges. After a historical excursion, it demonstrates how basing the operation of an area of law on trust is likely to clash with a rich and powerful bundle of ideas and historical experience at national level. This epilogue invites us to consider a shift in paradigm from law based on trust to trust based on law: ‘Seen this way, trust is not a pre-requisite for the law, but rather something that the law and social interaction generate. Trust becomes the end destination, not the starting point.’
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