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Independence Of Judiciary In Australia - Online Essay

Independence Of Judiciary In Australia

a) How is the independence of the judiciary guaranteed in Australia?
While the Westminster system had largely developed because of the doctrine of
separation of powers, the Australian system of government is largely based on
the Westminster. This doctrine of separation of powers proposes that the three
institutions of government, the legislature, the executive and the judiciary
should be exercised as separate and independent branches. It is this doctrine
that stresses the need for the independence of the judiciary from the other two
government institutions in order to protect the freedom of individuals. It is
under this doctrine that no person can be a Member of Parliament and a judge ...

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the concentration of government power. The
independence of the judiciary is crucial of a democratic community because when
judges are presiding over cases, there must be no interference and intimidation
from the external forces. The independence issues touches upon the conflict of
authority and freedom. If the doctrine of separation of powers did not exist,
the authority would not be prevented from interfering in the administration of
justice, 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 without
the independence of the judiciary that the principles of rule of law and natural
justice would be jeopardy and other institutions of government would interfere
in the administration of justice.

There are three main elements of the independence of the judiciary they are,
permanency of tenure, dismissal by parliament and fixed remuneration. Permanency
of tenure means that judges are appointed by ...

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Independence Of Judiciary In Australia. (2005, May 17). Retrieved November 23, 2024, from http://www.essayworld.com/essays/Independence-Of-Judiciary-In-Australia/27021

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PAPER DETAILS

Added: 5/17/2005 04:43:32 AM
Category: Government
Type: Premium Paper
Words: 885
Pages: 4

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