Independence Of Judiciary In Australia :: essays research papers

Independence of Judiciary in Australiaa) How is the emancipation of the workbench guaranteed in Australia?While the Westminster corpse had largely developed because of the philosophy ofbreakup of superpowers, the Australian system of government is largely based onthe Westminster. This teaching of separation of powers proposes that the threeinstitutions of government, the legislature, the executive and the administrationshould be exercised as differentiate and independent branches. It is this article of beliefthat stresses the need for the independence of the workbench from the other twaingovernment institutions in order to protect the freedom of individuals. It isunder this doctrine that no person can be a Member of parliament and a judge atthe same time. The doctrine of separation of powers offers several(prenominal) advantages,it proposes separate, specialized and efficient branches of government and italso reduces the abuse of government power by dividing it.a) Why is the independence of the judiciary an important feature of Australiassystem of justice?The judiciary is the government branch that is concerned with the administrationof justice. The judiciary is absolutely separate from the executive and thelegislature, so it can check the parsimony of government power. Theindependence of the judiciary is crucial of a democratic conjunction because when decide are presiding over cases, there must be no come innce and intimidationfrom the external forces. The independence issues touches upon the conflict 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 practice of law. It would be withoutthe independence of the judiciary that the principles of rule of law and naturaljustice would be jeopardy and other institu tions of government would interferein 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. permanencyof tenure means that judges are appointed by the executive government and perk up apermanent tenure until they have to draw off at the age of seventy. It was aconstitutional referendum in 1977 that placed this destiny on federal judges.Also state laws have been made, for the state judges to retire at the same age.The only exception 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 idiocyand can only be dismissed by parliament representatives.