Independence Of Judiciary In Australia :: essays research papers

Independence of Judiciary in Australiaa) How is the independence of the terrace guaranteed in Australia?While the Westminster system had largely develop because of the article of belief ofseparation of powers, the Australian system of government is largely ground onthe Westminster. This doctrine of separation of powers proposes that the threesomeinstitutions of government, the legislature, the executive and the judiciaryshould be exercised as separate and independent branches. It is this doctrinethat stresses the need for the independence of the judiciary from the different twogovernment institutions in order to protect the granting immunity of individuals. It isunder this doctrine that no person open fire be a Member of Parliament and a judge atthe same time. The doctrine of separation of powers offers several advantages,it proposes separate, specialized and efficient branches of government and italso reduces the maltreatment of government power by dividing it.a) Why is t he independence of the judiciary an fundamental feature of Australiassystem of justice?The judiciary is the government branch that is touch on with the administrationof justice. The judiciary is absolutely separate from the executive and thelegislature, so it faeces check the concentration of government power. Theindependence of the judiciary is crucial of a democratic community because whenjudges are presiding over cases, there essential be no interference and intimidationfrom the external forces. The independence issues touches upon the struggle ofauthority and freedom. If the doctrine of separation of powers did not exist,the authority would not be prevented from interfering in the administration ofjustice, therefore the basic freedoms of the citizens would not be guaranteed.It is up to the judiciary to exercise according to the law. It would be withoutthe independence of the judiciary that the principles of rule of law and naturaljustice would be jeopardy and other instituti ons of government would interferein the administration of justice.There are three main elements of the independence of the judiciary they are,permanency of kick upstairs, dismissal by sevens and fixed remuneration. Permanencyof tenure means that judges are name by the executive government and chip in apermanent tenure until they have to retire at the age of seventy. It was aconstitutional referendum in 1977 that placed this requirement on federal judges.Also state laws have been made, for the state judges to retire at the same age.The only censure is the Family court justices they have to retire at the ageof sixty-five.Judges can only be dismissed on the grounds of proved misbehaviour or incapacityand can only be dismissed by parliament representatives.