Reforming Justice: A Journey to Fairness in Asia

Cambridge University Press 2012

Cambridge University Press 2012

Reviews

Wade Channell, Senior Legal Reform Advisor, USAID: Hague Journal on the Rule of Law, 5/1 2013

“Reforming Justice: A Journey to Fairness in Asia is a remarkable contribution and correction to our history of failed and underperforming projects. The strengths of Reforming Justice are significant and implications profound. His case is compelling.

First, Armytage has refined the purpose of judicial reform to overcome the current muddle of competing justifications. The focal point is clear: justice, meaning fairness and equity through the enforcement of rights. Second, he has pragmatically avoided needless contention over what rights should be promoted by anchoring his justice project in existing treaties, laws and regulations; court reform can immediately focus on enforcing those rights. Third, he has begun the hard work of developing needed indicators that measure both performance and impact, parsed for both individual and aggregate outcomes. By helping reformers establish evidence for the success of their endeavors, he will also enable funding agencies to justify additional expenditures in the slow and complex work of improving judicial systems.”

Thom Brooks, Durham University: Journal of Human Development and Capabilities, 2013

“Reforming Justice is a major contribution to how we might think about the institutionalization of the capability approach and the role that judicial reform can and should play in development.

Armytage defends a neo-Aristotelian idea about justice as a ‘public good’ embodying ‘fundamental notions of fairness and equity’ relevant to ‘civic wellbeing’ (9). This perspective owes much to the work of Amartya Sen and his capability approach. The capability approach is not only a superior model for thinking about the importance of freedom for development, but Armytage convincingly argues that capability can and should be embodied in our legal institutions. Reforming Justice is distinctive in its offering an account of judicial reform that sheds light on how this might be achieved.”

Linn Hammergren: “European Journal of Development Research” (2013) 25, 168–172.

“Armytage provides a convincing and unusual set of arguments for revising judicial reform strategies.

(This) work is noteworthy for several reasons: its exceptionally ample and useful review of the literature not only on judicial reform but on broader development issues and topics … His lawyerly approach underlies his central argument that law and justice are constitutive not instrumental elements of development, which must thus add the pursuit of ‘equity’ (fair distributions of benefits and access to fundamental rights) to the usual emphasis on growth and governance. He does a fine job of summarizing the empirical literature … (and) he provides an impressive review of the relevant literature, … His emphasis on the conflicting goals of evaluation – accountability versus knowledge building – is extremely important and deserves wider attention.”

Sandra Taal, Law Department, Utrecht University: “International Journal for Court Administration” February 2013

“Armytage provides the reader with a refreshing vision on judicial reform. He convincingly argues that justice should be ‘repositioned more centrally in evolving notions of equitable development’.

(His) foremost concern appears to be to explain why judicial reform should promote justice. In my view, Armytage has succeeded in reaching his goal… In a carefully written and readable way, the in-depth analysis highlights the most relevant features in unraveling the issue of the purpose of judicial reform. This book forms an important contribution to the debate on international assistance in the field of judicial reform by pinpointing the crucial issues that are necessary to discuss, in order to overcome the accumulated confusion in this interesting, but complex field.”

Justice Dr. Munir Ahmad Mughal Professor of Law Punjab University Law College

“Cambridge University Press deserves to be congratulated for having published a book which is partially based on doctoral thesis of Livingston Armytage rich in content, full of information both horizontal and vertical on latest modern techniques of dealing with a subject, covering historical, analytical and ethical dimensions in a language most lucid, a style most serene, balanced in all respects and self speaking on every issue, well reasoned, full of logic and therefore appealing to heart and mind and giving satisfaction to a reader who is keen to remain fair in evaluation and assessment.”

Philip Alston, Professor of Law, New York University and UN Special Rapporteur on extra-judicial, summary or arbitrary executions

“Exhaustively researched, carefully written, contributes in important ways to knowledge in this field, and provides a coherent and informed analysis of an important topic.”

Michael Woolcock, Lead Social Development Specialist, Development Research Group, The World Bank, and John F. Kennedy School of Government, Harvard

“The author has clearly spent many years on the frontlines of this difficult endeavour, and is surely better placed than most to understand it and to respond constructively to the challenges it presents in the years ahead.”

William Cole, Senior Director, Governance, Law, and Civil Society, at The Asia Foundation

“Reforming Justice is an important contribution to the increasingly critical process of re-examining the assumptions and logic that underlies conventional assistance in this difficult area of international assistance.”

“Open Trial” June 2012

“The book is comprehensive, wide-ranging, cogently compiled, nuanced and clearly based on very thorough research and experience.”

Thomas Kirk, London School of Economics: “Global Policy” Vol. 4/1 Feb. 2013

“(Armytage) champions the attainment of rights that political contests have already enshrined within law … and argues that practitioners must recognise the distributional dimension of reform efforts and aim to enhance people’s capability to exercise the individual rights and entitlements associated with legal processes. He call(s) for reformers to put aside goals such as growth, good governance and democracy in favour of a human-centred approach focused on equity.”

Jan Kees van Donge: University of PNG: Journal of Development Effectiveness, 2013

“This book arises from a passionate conviction that reforming justice is an essential part of the development agenda … The breadth and quality of discussion makes this book an excellent source for teaching not only on course of law and society but also on courses of evaluation. Students become acquainted with a wide variety of thought that is intelligently brought together. This summing-up does not do justice to the almost encyclopaedic nature of this book.”

Director

Dr. Livingston Armytage AM

 

 

Dr. Armytage is a justice reformer, educator and author.

Over the past twenty years, Livingston has specialised in advising courts to improve the quality of justice in more than fifty countries across Asia and the Pacific.

Dr. Armytage is an Adjunct Professor of Law at the University of Sydney and a visiting fellow of the University of Cambridge and Australian National University.

His PhD, “Reforming Justice: a Journey to Fairness in Asia” was published by Cambridge in 2012.  Other recent books include: “Educating Judges” (Brill: 1996, 2015) and “Searching for Success in Justice Reform” (Ed., Oxford: 2009).  His most recent book is a collection of photographs, “Unseen Faces, Unheard Voices” published with his wife, Miyako (IBC: 2018).

Dr. Armytage was appointed a Member of the Order of Australia in 2019 for significant services to civil justice nationally and internationally.

 

 

» Qualifications
» Experience
» Countries


Qualifications

  • Adjunct Professor of Law, University of Sydney
  • PhD in Law — Reforming Justice: The Journey to Fairness —
    3 Case Studies from Asia
  • Sydney University Medal for Outstanding Postgraduate Research in Law
  • Master of Laws – First Class Honours, University of Sydney
  • International Human Rights Law Program, New College, University of Oxford
  • Barrister and Solicitor, Australia


Experience

  • Project leader, strategic advisor and technical specialist on ADB, AusAID, UNDP, World Bank and USAID legal projects in Pakistan, Nepal, Maldives, Cambodia, Vietnam, Haiti, Palestine, Mongolia, People’s Republic of China, Philippines, Vietnam and the Pacific Region
  • Consultant to courts throughout the United States and Australia
  • Author of “Reforming Justice – A Journey to Fairness in Asia“, “Searching for Success in Judicial Reform” and “Educating Judges“, and numerous referred articles
  • Adjunct Professor of Law, Convener/Presenter of the postgraduate course: “Law, Justice and Development” in the LLM program at the University of Sydney.
  • Education Director of Judicial Commission of New South Wales, 1991-1996
  • Presenter and participant at international conferences including the International Bar Association (IBA), LAWASIA, National Association of State Judicial Educators (NASJE), Commonwealth Judges & Magistrates Association (CMJA), and Australian Institute of Judicial Administration (AIJA)
  • Contributor to international journals, such as The Modern Law Review and the Commonwealth Judges Journal, as well as the University of NSW Law Journal
  • Independent reviewer for the Global Corruption Report of Transparency International 2007
  • Founding editor of The Judicial Review, a journal for judges
  • Member of the Australian Law Reform Commission’s working group on the adversarial system, and sits on the board of the University of West Sydney
  • Instructor in the MBA program of the Graduate School of Management


Countries

In recent years, Dr Armytage has worked in and with institutions in the following countries:

IOJT.2015-4-1
         Recife, Brazil, November 2015              Presenting research findings to the International Organisation for Judicial Training (IOJT)

  • Australia
  • Afghanistan
  • Azerbaijan
  • Bangladesh
  • Brazil
  • Cambodia
  • Chile
  • Fiji
  • Haiti
  • India
  • Lebanon
  • Maldives
  • Mongolia
  • Nepal
  • Papua New Guinea
  • Pakistan
  • Palestine
  • People’s Republic of China
  • Philippines
  • Samoa, Tonga and other Pacific Island nations
  • Vietnam
  • United Kingdom

 

The Centre for Judicial Studies (CJS)

Irrespective of the country or culture, women are the poorest of the poor, the most marginalised of the disadvantaged.  These Rongelap women were displaced from their contaminated atoll by US atomic testing in the Marshall Islands


The Centre for Judicial Studies specialises in reforming justice systems around the world through official development assistance (foreign aid).  We provide services to courts, governments, universities and international development agencies.

CJS promotes justice by improving the organizational and professional effectiveness of courts and other justice sector providers. Our services include:

• Justice reform and development policy advice
• Development strategy design and planning
• Justice system performance management
• Monitoring and evaluation

We consult extensively around the developing world, working with major donors such as the World Bank, the Asian Development Bank, the United Nations Development Programme (UNDP), the United States Agency for International Development (USAID) and Australian Aid.

Dr. Livingston Armytage, founding director of CJS, is a globally acknowledged jurist working in justice reform. He is also an educator, researcher and author.

 

Universities

Law, Justice and Development (LLM) University of Sydney

Dr. Armytage is Convener/Presenter of the postgraduate course: “Law, Justice and Development” in the LLM program, and “Development, Law and Human Rights” in the LLB/JD program at the University of Sydney.

This unit provides a critical overview to law and justice reform in international development. It analyses the global reform experience over the past half-century. It interrogates the nature and justification(s) of reform `theory’, studies the empirical evidence of various approaches, and examines the conceptual/practical challenges of evaluating development endeavour, using case studies from the Asia/Pacific region.

Dr. Armytage is also an Affiliate of the Sydney Centre for International Law.

 "Development, Law and Human Rights" University of Sydney, 2012

 

Participants’ comments:

“The most relevant course I have done in law school — about justice and change.”

“This course was fantastic, outstanding and probably the highlight of my entire LLM.”

“Excellent theory and practice-based course led by an experienced and enthusiastic teacher.”

“Out of four excellent subjects … the combination of praxis and theory made (this subject) unique.”

“I really enjoyed this course, particularly how it challenged me to reflect on my approach and values re law justice and development, and my work at the World Bank …”

“(This subject) has provided a fantastic opportunity to think critically about  law and development … I have gained a conceptual framework to analyse my work (at ADB).”

students


Courts, Justice and Development (LLM)
Australian National University (ANU)

Dr. Armytage is Convener/Presenter of the postgraduate course: “Courts, Justice and Development” in the LLM program, and is a Visiting Fellow at ANU.

Participants’ comments:

“The teacher’s experience is world-class.” 

“I am nearing the end of my LLM and I have to say your (this) subject was right up the top (of my LLM) in terms of quality and interestingness.  Thanks again!”


ABC Radio interview

ABC Radio interview Livingston on 10 December 2002

Publications

Dr. Armytage is the author of leading books on justice reform and judicial education, as well as numerous research monographs and articles in professional journals.  He has also published a book of social justice photographs.

» Books

Click here to view Amazon’s author’s page

» Journals and Other Publications

  • Editor – Judicial Education and Training (IOJT)
  • Editor – The Judicial Review
  • Articles in professional journals

Books


Unseen Faces, Unheard Voices: Portraits of Injustice
Livingston and Miyako Armytage, with the Hon. Justice Michael Kirby 
IBC Tokyo 2018

This book presents a collection of photographs of people who are among the poorest of the world’s poor. Many – if not most – lack any official identity. They have little or no access to adequate nutrition, education, health care, employment security or personal safety.

They are survivors of war and genocide; refugees; the dispossessed and homeless; victims of sexual violence and trafficking; slum-dwellers, waste pickers and outcasts. These are pictures of people who routinely suffer injustice.

These photographs pose a question for the viewer: knowing the injustices of this world, what sort of society do we want to live in – and, what can each of us do to build that society? Can we provide a path from poverty to opportunity? Can we improve the lives of others?

 


Educating Judges: Towards Improving Justice. A Survey of Global Practice
Edited Reprint with Updated Research
Brill 2015

EducatingJudgesEditedReprint

Click here for sample of book

This second edition enables judicial educators to develop a more effective pedagogy by focusing on the learning needs, styles and preferences of judges, and by deepening understanding of judges as distinctive learners. It also provides readers with the opportunity to gauge what has happened – or not – in the world of judicial education over the past two decades, including:

  • evolving objectives, goals, curricula, methodologies and approaches,
  • shrinking budgets and expanding expectations,
  • building knowledge – the lack of research and evaluation,
  • adopting IT – financial efficiency vs educational effectiveness,
  • useful lessons from official development assistance;
  • and how globalisation is affecting the education of judges.

In doing so, this edition refocuses attention on the vision and purpose of judicial education. The author presents two arguments: first that the vision of judicial education is to help judges to deliver substantive justice outcomes that measurably improve wellbeing; and second that judicial educators are leaders responsible to realise this vision.


Reforming Justice*
A Journey to Fairness in Asia
Cambridge University Press 2012

Justice is fundamental to human well being and development. Since Aristotle, justice has been recognised as core to any civilised notion of the good life, government and society: government without justice is tyranny, and society without justice is anathema to its citizens. Civic well being is unattainable without justice. Nonetheless, justice is routinely subverted in many countries. Citizens, usually the powerless poor, are denied justice through impunity, corruption, abuse of power and the denial of rights. These are the usual challenges of reforming justice. Over the past fifty years, development agencies have spent billions of dollars grappling with the challenge of improving “the rule of law” through improving economic growth and good governance. But the results have been often dismal. The unmet challenge is to address mounting concerns about equity and distribution. In his new book, Dr. Armytage calls for justice to be positioned more centrally in evolving notions of equitable development. Building on new evidence from Asia, he argues that it is time to realign these reforms to promote justice as fairness and equity.

*Also available in paperback and ebook.

Click here for sample of book


Searching for Success in Judicial Reform
Voices from the Asia Pacific Experience
Armytage L. and Metzner L. (Editors)
Oxford University Press 2009

 

This unique and timely volume presents the collective reform experience of some of the Asia Pacific region’s most skilled judges, court administrators, legal scholars and researchers.

The publication comprises provoking analyses of recent judicial reform programmes undertaken by a cross-section of Forum countries, with contributions from: Deputy Chief Justice Prof Dr Paulus Lotulung, Indonesia; Justice Dr Ananda Bhattarai, Nepal; Justice Kim Sathavy, Cambodia; Prof Dr Mohan Gopal, India; Prof Myrna Feliciano, Philippines; Ms Ayesha Dias, India and Sri Lanka; Ms Zenaida Elepano, Philippines; Ms Anita Jowitt, Vanuatu; Mr Ly Tayseng, Cambodia; Mr Aria Suyudi, Indonesia; and Mr Hari Phuyal, Nepal.

These papers provide a wealth of insights relevant across the region that address many of the modern challenges of justice: exclusion, delay, corruption and incompetence. Analysis of this experience indicates the existence of ten themes, or overarching challenges, which have confronted the passage of judicial reform over recent years. These relate to goals, leadership, independence, capacity for change, training, integration, community, donors, data and results. Any serious contemplation of judicial reform should acknowledge the challenges of practice evidenced in the experience of authors in this collection.


Educating Judges
Introduced by Sir Anthony Mason, Chief Justice of Australia 1987-1995
Kluwer Law International (London, Boston, The Hague), 1996

Click image for sample of book

Judicial education is new to the common law tradition of judging. During the past twenty years, the education of judges has become a matter of considerable prominence and debate in the United States, Britain, Canada and Australia, most recently prompted by media complaints of gender and racial bias. This work researches the underlying issues through a comparative analysis of experience across the common law world. The author explores the need for judicial education and how it should be provided. He argues that judicial education is a distinctive process, owing to the imperative for judicial independence and a number of educational considerations. The work offers a model approach for educating judges and provides analysis, reasoned insights and practical assistance for judges and educators to guide future endeavour.

This seminal monograph provides a comprehensive study of judicial education, and forms a part of major collections around the world, including the Bodleian Library University of Oxford, Harvard Law School and the University of Sydney.

 

 


Journals and Other Publications


 

iojtjournal002Cover Dr. Armytage was editor of ‘Judicial Education & Training’, the journal of the International Organisation for Judicial Training (IOJT).

Click here to read.

 

 

 

He was also founding editor of the ‘The Judicial Review’, between 1991-1996.

 


Judicial Development Toolkits

Pacific Judicial Development Program: PJDP

 

Enabling Rights Toolkit
Click here to read

JudgesOrientationToolkitCover  

Judges’ Orientation Toolkit
Click here to read

 

 

 

Trainers’ Orientation Toolkit
Click here to read

 


Issues Paper

Click image to read U4 Anti-Corruption Resource Centre (EU, Norway)

Monitoring Judicial Integrity:
Lessons for Implementation of UNCAC Art.11 (July 2009)
Click here to read

 

 

 

 

 


Articles in Peer-Reviewed Professional Journals


University of Sydney Library holdings

Educating Judges – Where to from here?
Journal of Dispute Resolution, 2015, 167-173

Poverty, Justice and the Rule of Law
International Bar Association, London 2013

Imperative to Realign the Rule of Law to Promote Justice
Nepal Judicial Academy Law Journal, 2012

Evaluating Aid: an adolescent discipline
Evaluation, 2011 vol. 17(3): 261-276

Judicial reform in Asia: case study of ADB’s experience: 1990-2007
Hague Journal on the Rule of Law, 2011 vol. 3: 70-105

Judicial reform in Asia: case study of AusAID’s experience in Papua New Guinea: 2003-2007
Journal of Development Effectiveness, Vol. 2, No. 4, December 2010, 442-467

This case study evaluates the experience of Australia’s aid agency (AusAID) in supporting bilateral judicial reform in Papua New Guinea through its Law and Justice Sector Program between 2003 and 2007.

Legal and judicial reform performance monitoring: the PNG approach
The European Journal of Development Research, Vol. 20, No. 1, March 2008, 141-157, co-authored with Steve Miller

Justice in Afghanistan – Rebuilding Judicial Competence after the Generation of War
Heidelberg Journal of International Law, HJIL/ZaöRV 67,2007, 185-210

Monitoring Performance of Legal and Judicial Reform in International Development Assistance – Early Lessons from Port Moresby & Phnom Penh
International Bar association Chicago Showcase, Judicial Reform: Economic Development and the Rule of Law, 18 September 2006

Click here for IBA Daily News

Training of Judges: Reflections on Principle and International Practice
European Journal of Legal Education, 2005 2(1) EJLE 21-38

Pakistan’s Law & Justice Sector Reform Experience – Some Lessons
Law, Social Justice and Global Development Journal, University of Warwick (LGD) 2003 (2)

Pakistan’s Judicial Reform Program
Australian Law Journal, May 2001

Judicial Education as an Agent of Leadership and Change: Lessons from Common and Civil Law Experience
The Judicial Journal of the Supreme Court of the Philippines (PHILJA) Vol. 5, Issue No. 15, January 2003

Performance Indicators – Evaluating Judicial Education
International Bar Association Newsletter, May 1998; IBA Judges’ Forum Newsletter 6,1, September 1998; and, National Association of State Judicial Educators News 13, Spring 1998

Judging: an Occupation and Skills Analysis – Implications for Educators
National Association of State Judicial Educators News 11, 3, Fall 1996

Judicial Education on Equality – with particular reference to gender and ethnicity
The Modern Law Review, 1995, 58, 160-186

A Review of Aspects of the Specialist Accreditation Program of the Law Society of New South Wales
Centre for Legal Education Sydney, Australia 1995-1996

Evaluating the Impact of Judicial Education
Journal of Judicial Administration, 1995, 4, 1, 143-170

Training for New Judges
Judicial Officers’ Bulletin, 1995, 6, 10, 73-79

Judicial Orientation: 6 Factors Influencing Educational Program Development
International Bar Association, Melbourne, October 1994

Need for Continuing Judicial Education
University of New South Wales Law Journal, 1993, 16, 536-584

Policy Development in Continuing Judicial Education: An Assessment of Some Approaches Taken in New South Wales, United States, United Kingdom and Canada
Journal of Professional Legal Education, 1993, 11, 1, 51-78

Continuing Judicial Education: The Education Program of the Judicial Commission of New South Wales
Journal of Judicial Administration, 1993, 3, 1, 28-46

Founding Editor, The Judicial Review
Judicial Commission of New South Wales, Sydney, 1992-5

New South Wales, Australia Mentoring Profile
Catlin DW, Mentoring in the Judiciary, Lansing, Michigan: JERITT Monograph 2, 1992, 52-59

Towards Professionalism in Continuing Legal Education – Some Questions of Policy and Practice
Journal of Professional Legal Education, 1990, 8, 139-148

Presentations

The Centre for Judicial Studies gives presentations at international and national conferences.

International & National Conferences

 

PromoP1050723-1

Projects

Over the past twenty years, the Centre for Judicial Studies has advised courts around the world, undertaking numerous projects for the World Bank, Asian Development Bank, United Nations, USAID and Australian Aid.

Current and past projects conducted by CJS

» 2010 – Present

» 2005 – 2009

» 2000 – 2004

» 1995 – 1999


2010 – Present


Pacific Judicial Strengthening Initiative (NZAID)

Pacific region November 2015 – December 2022

Livingston is serving as Technical Director for the Federal Court of Australia, and is responsible for strategy, direction, quality and high-level engagement.

Displaced women from Rongelap meet on Mejatto Island in Kwajalein Atoll, Marshall Islands
Rongelap was contaminated by radiation during US nuclear weapons tests

Supporting customary justice in remote communities

PJSI is currently researching and developing ways in which to support customary systems and processes to administer justice in remote communities across the Pacific.

Stakeholder consultations on Pentecost Island, Vanuatu 2019


Federal Judicial Academy, Pakistan
Counter-terrorism Associated Prosecution Reform Initiative (CAPRI)

FCO.DFID

Islamabad, Lahore, Karachi August – November 2015 x 2 missions

Capacity-building strategic advice and Train-the-Trainer (TOT)

FJA-2015-1 cropped


Pacific Judicial Development Program (NZAID)

Pacific region June 2010 – 2015

Livingston is serving as Team Leader for the Federal Court of Australia, the managing service contractor. PJDP supports judicial development in 14 Pacific Island Countries, namely: the Cook Islands, Federated States of Micronesia, Kiribati, Marshall Islands, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu and Vanuatu.

Local Orientationwatch

The Pacific Judiciary looks to tech developmentlisten

Law School development for Tokelau Judgeslisten

Big development changes ahead for Pacific judiciarylisten

Pacific courts administer better justice


At the Supreme Court of Bangladesh

 

 

Supreme Court of Bangladesh
Bangladesh 2013 – 2014

International justice reform advisor

“Exchanging experience of promoting justice: the role of lawyers in Bangladesh”


International Commission of Jurists (ICJ)
Nepal 2010 – 2013

Livingston is serving as ICJ’s Senior Justice Advisor in “Strengthening Substantive Equality Rights in Nepal through Integrated Justice Sector Reform”, focusing on legally empowering Dalit women, working with the supreme Court and the National Judicial Academy.


UNDP, Bangladesh Judicial Strengthening (JUST) Project
Bangladesh 2013

International Advisor


Papua New Guinea-Australia Law & Justice Program (AusAID)
October 2011 – March 2012

Team Leader, Independent Progress Review

“There’s lots of good stuff in your report that reflects where we want to take the program, either in the short-term or in a future phase,” Catherine Gill, Law & Justice Program Director, AusAID, PNG 29 March 2012


Azerbaijan Judicial Modernisation Project (World Bank)
September 2010 – March 2011

Reform Specialist. Undertook needs assessment and strategic planning. Developed operating procedures and curricula for institutionalizing the Justice Academy.


2005 – 2009


Commissioned Issues Paper
(U4 Anti-Corruption Resource Centre, EU Norway) July 2009

Monitoring Judicial Integrity: Lessons for Implementation of UNCAC Art.11

 


Samoa's Law and Justice Sector Steering Committee, Apia

Samoa’s Law and Justice Sector Steering Committee, Apia

Samoa’s Law and Justice Reform Strategy (AusAID and NZAID)
Apia September 2007 – 2009

Law and Justice Sector advisor. Responsible for providing advice to the Government of Samoa on the design, development and implementation of its new Law and Justice Sector strategy, including detailed formulation of all strategies and priorities; development of capacity; and harmonisation of donor assistance.


Federal Court of Australia – National Judicial Development Program 2008


Asian Development Bank – Evaluation of Judicial Reform Assistance
Manila August – December 2007

Livingston was engaged by ADB’s Independent Evaluation Department as international advisor to assist in the special evaluation study of the Bank’s program of technical assistance supporting judicial reform across Asia between 1990 and 2007. He provided a review of the global literature of law and justice reform, and assessed judicial training activities.


Tampuan indigenous community Ratanakiri, NE Cambodia, January 2006

Tampuan indigenous community
Ratanakiri, NE Cambodia, January 2006

Cambodia – Access to Justice Program (UNDP)
Phnom Penh September 2005 – 2006

Senior Counsel – Legal & Judicial Reform. Responsible for providing upstream policy advice, support and program management on issues related to the administration and access to justice, and legal and judicial frameworks, to key stakeholders including Council for Legal and Judicial Reform, Council of Jurists and Ministry of Justice. Policy-level engagement at deputy prime minister, chief justice and ministerial levels. Extensive donor coordination role.


Facilitating the Strategic Planning Workshop of the Khmer Rouge Tribunal, Phnom Penh.

Facilitating the Strategic Planning Workshop of the Khmer Rouge Tribunal, Phnom Penh.

Cambodia – Khmer Rouge Tribunal
Phnom Penh April – July 2006

Senior Judicial Development Advisor – Direct and facilitate strategic and technical planning for the Judicial Chambers, conduct management planning for the Administrative Office, design and develop professional development strategy and training program for the KRT.

UC Berkeley lecture: “Does Rule of Law Reform Make a Difference?”


Afghanistan – Rule of Law Project (USAID)
Kabul 2005 – 2006 (4 Missions)

Judicial Training Specialist – Undertake the first national judicial training needs assessment and prepare comprehensive training strategy for the Supreme Court of Afghanistan. Advise the Chief Justice of Afghanistan on the establishment of the Supreme Court’s program of judicial education and training, review of stage training, design of continuing education program, development of methodologies for training needs assessment, training-of-trainers (ToT), and curriculum planning.

Justice Sector Support in Afghanistan

Supreme Court of Afghanistan, Training-of-Trainers (ToT) Workshop

Supreme Court of Afghanistan, Training-of-Trainers (ToT) Workshop


PNG's Law & Justice Sector Reform Program January 2003 - 2005Papua New Guinea’s “Justice Advisory Group” – JAG – (AusAID)
2003 – 2005 (21 missions)

PNG’s Law & Justice Sector Reform Program

Project Director: responsible for directing the provision of independent strategic and technical advice to GoPNG and AusAID on the performance of the law and justice sector agencies in relation to policy management and operational matters, and to oversee and monitor the law and justice sector-wide approach (SWAP) development program, which in conjunction with the Enhanced Cooperation Program is valued at AU$1Billion.

 

Major functional elements include:

  • sector strategic planning and priority-setting
  • designing a performance monitoring framework
  • developing information management capability
  • operationalising an integrated formal/informal sector restorative justice approach

Cambodia – Criminal Justice Assistance Program (AusAID)
Canberra August 2005

Technical specialist – (Law and Justice) Provide advice on possible future Government of Australia support to the criminal justice sector, and appraise concept paper for peer review on the next phase of assistance.


Fiji – Law & Justice Sector Program (AusAID)
Suva July 2005

Technical specialist – (Law and Justice) Provide an appraisal of strategic positioning of the Fiji Law & Justice Program, with an assessment of the program’s development and engagement strategies.


Cambodia – Royal School of Judges & Prosecutors (AusAID)
Phnom Penh 2005

Technical specialist – Design and conduct two capacity-building workshops each of two days in organisational planning and adult learning techniques (Training of Trainers – ToT) at the RJSP, Phnom Penh, in collaboration with the International Development Law Organisation (IDLO).


Vietnam – Assessment of Need for Training in Legal Drafting (Danida)
Hanoi March – June 2005 (2 missions)

Technical specialist – Research and submission of substantiated assessment of the training needed in legislative drafting in the Vietnamese central administration, with two options for curriculum implement.

 

 


2000 – 2004


Independent expert, AusAID’s Technical Assessment Panel


Bangladesh Legal & Judicial Capacity-building Project – US$40m (World Bank)
August, July 2004 and April 2003 (3 missions)

Strategic advisor and independent reviewer, Reforms Advisory Consultants (RAC)


Chief Justice of Balochistan First Provincial judicial Conference Quetta, Pakistan, 2002

Chief Justice of Balochistan
First Provincial judicial Conference
Quetta, Pakistan, 2002

Pakistan’s Access to Justice Reform Program
Islamabad, Pakistan
January 2001 – December 2002

US$350 million loan and Judicial and Legal Reform Project US$3 million TA grant (ADB)
Islamabad, Pakistan, January 2001 – December 2002

Core Team Leader: responsible for supporting the launch and implementation of US$350 million Access to Justice Program loan, and compliance with tranche conditionalities between ADB and the federal Ministry of Law, Justice and Human Rights. Also responsible for project management and implementation of US$3 million TA grant for technical assistance in pilot projects for judicial and legal reform; technical assistance relating to judicial policy-making, delay reduction pilot courts, access to justice, judicial training, legal education and reform of the legal profession, commercial dispute resolution capacity-building, and legislative reform; project management relating to timely delivery of outputs for forty international and domestic consultants (205 consultant months).

Significant achievements included the delay reduction project where backlog was reduced by 30%+ in one district, and case disposals increased by 246% in another – during the eight months pilot sittings.

Access to Justice Newsletter May 2006

ABC Radio Interview with Livingston 10 December 2002listen


Kingdom of Nepal Judicial Reform Project (ADB)
Kathmandu September 2000

ADB staff advisor on design of terms of reference for the project.


Maldives Legal & Judicial Reform Project (ADB)
Malé, Maldives September 2000 – July 2001

Team Leader for judicial component. Responsible for technical implementation of project including: publishing the first judges’ bench book, delivering seminars and workshop program, conducting train-the-trainer workshops, conducting overseas study tour for chief justice and judges, and designing curriculum for continuing judicial education.


Kingdom of Tonga Legal Strengthening Project (AusAID) 2000

Team Leader, and Independent Technical Advisor to AusAID: project design and monitoring of managing consultant.


Project Management, curriculum design and training of Judicial Delegation from the Philippines (CDI-AusAID) 2000

Design and delivery of the Australian component of this exchange program with the Philippine Judicial Academy (PHILJA) on behalf of the Centre for Democratic Institutions (CDI), ANU. Creation of “judicial placements” in the Federal Court of Australia and the Supreme Court of NSW; management of all instructional sessions, and consultations with the Chief Justice of the High Court of Australia, and the Court of Appeal.


1995 – 1999


Independent Efficiency and Effectiveness Reviews of the Aboriginal Legal Aid Service
Aboriginal Torres Strait Islanders Commission (ATSIC) 1997-2000 (x13 reviews)

Organisational performance reviews of the operations of the legal aid service for indigenous peoples in the Northern Territory, Western Australia, Tasmania, Queensland, South Australia and NSW. Methodology is highly consultative with community and tribal peoples, staff, the judiciary, police, prison services and related legal service providers. Includes detailed practical recommendations to enhance strategic positioning and operational effectiveness.


Project management, curriculum design and training
Supreme Peoples Court of Vietnam Training Program (UNDP) 1999 (x3 delegations)

Design of judicial skills component of training program, needs assessment, management of faculty, workshop design, delivery of training sessions and project evaluation of three delegations of judges in joint venture with the Centre for Asian & Pacific Law, University of Sydney – CAPLUS.


Strategic Plan for Judicial Training throughout Pacific Region
Pacific Regional Judicial Training Project (UNDP) 1998 – 1999 (x4 missions)

Development of comprehensive strategic plan, needs assessment, resource assessment, risk assessment, design of priority training projects, governance structure, establishment and budgeting, related strategies, performance indicators and project evaluation.


Needs Assessment, Performance Management, and Project Evaluation
Mongolian Judiciary Technical Assistance Project for the International Development Law Institute
IDLI (USAID) 1997 – 1999 (x5 missions)

Three assignments to:

  1. conduct needs assessment for first judges’ bench book comprising consulting, interviewing and surveying judicial population and reporting findings;
  2. design performance management system; and
  3. measure performance indicators for project evaluation purposes.

Strategic Review of Judicial Education
Office of the State Courts Administrator, State of Missouri, USA October 1997

Review of the strategic direction and operational management of the program of judicial education for the State of Missouri, and to facilitate a process for the State Courts Administrator to identify and address challenges of growth.


Performance Indicators and Evaluation
Judicial Mentor Program, Haiti Administration of Justice Project (USAID) 1997

Design of performance assessment procedures to enable systematic measurement of (a) judicial performance and (b) impact of training interventions in designated aspects of competence. (For example: knowledge of law, court skills, efficiency of case management, and protection of human rights).


Strategies for the Development of Judges and Prosecutors of the Cambodian Courts
Design and Strategy Review for Judicial Education
Cambodian Court Training Project, International Human Rights Law Group (USAID)
1996 – 1997 (x3 missions)

Three missions to refine project strategies and priorities, design need assessment survey instrument, conduct planning workshops, draft program charter, design critical date plan, design inaugural national conference program, schedule conference production plan, design faculty development (train-the-trainer workshop), outline bench book proposal, set table of contents, prepare production schedule for bench book, design position description for editor, prepare style and writers’ guides, prepare meeting agenda for Minister of Justice, convene inaugural education committee meeting for Minister of Justice, devise judicial education advisory group agenda, critique external AID evaluation, and develop project evaluation framework.


Observations on the Program of Judicial Education
Administrative Office of the Courts, Utah, USA October 1996

Review of the strategic direction and operational management of the program of judicial education for the State of Utah, and provide specific recommendations for program development.

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