Judicial Independence Essay

967 words - 4 pages

Judicial independence plays an important role in sustaining an effective democratic system in Australia. It is the key principle that ensures our nation’s Separation of Powers is controlled and managed.

The judicial arm within the Separation of Powers performs possibly the most important role in our system of government. They act as a supervisor over the legislature and the executive, providing a method of checks and balances to ensure that the Separation of Powers avoids corruption and manipulation. This is also the reason that the judiciary must be independent. An independent judicial arm means that all judges and administration are free from interference from outside sources. This ...view middle of the document...

The final principle is judicial privilege. Judicial privilege is very similar to parliamentary privilege in that judges must be free to say what they need to while presiding in court, meaning they cannot be sued for defamation or threatened by criminal prosecution. Without these four principles, judicial independence would simply not exist and our court system would be subject to potential corruption.

The Rule of Law in Australia supports the fundamental principles that all legal entities are equal before the law and all individuals have basic human rights and freedoms . There are three elements that must exist to facilitate the Rule of Law: the supremacy of constitutional law; equality before the law; and the existence of fundamental human rights . When exploring judicial independence, it is more suitable to focus on the latter two elements. Firstly, the government must exercise their powers so that everyone is considered equal before the law and that no section of society or any individual is discriminated against. If the Prime Minister were to commit a crime, although they are in high power within the nation, they would have the same trial process as everyone else and, if found guilty, would be punished according to same laws. This equality is important in protecting the existence of everyone’s basic human rights. Once again, the government must not introduce laws that restrict the rights of any individuals, or remove these rights. For example, the presumption of innocence is absolute, meaning that no one can be punished for committing an offence without being proven guilty at a trial according to the law. If basic human rights like this were to be removed, the State would have too much power over individuals in society and would be contradictory to our democratic system. Without judicial independence preserving the Rule of Law, trials would be at the liberty of ministerial interference and just outcomes would be seriously...

Find Another Essay On Judicial Independence

Important Court Case in American History: Marbury v. Madison

604 words - 3 pages , both politically and constitutionally. In 1803, the Supreme Court was in the middle of conflict between Federalists and Democratic Republicans. Marshall appeased both by stating that Madison owed Marbury his commission, but that the court could not force Madison to issue it. This strengthened the independence of the federal judiciary. Thus, Marbury v. Madison was crucial in establishing Judicial Review and making the Judicial Branch both

Legal Review

1396 words - 6 pages the civil law tradition it does not have any common law reference and judicial precedent, therefore all legal cases must be addressed against a certain law applicable for the case which will also determine the outcome of the verdict of the mentioned case. Finally the judicial system of Greece (Hellas) is completely independent and its independence is guaranteed by the constitution. The Greek judicial system has the authority to review

Seeking a Just Judiciary

1092 words - 5 pages matter at hand, but may wander off in whatever direction it chooses, giving birth to legions of rights and statutes along the way. A second reason to fear judicial overreach is an unchecked expansion of government without the input of the people. While the ideological independence of the judicial branch is beneficial when it is constrained to merely passing judgment on cases and legislation, it becomes detrimental when the Court is granted the

How is the independence of the judiciary guaranteed in Australia?

880 words - 4 pages wish to.Judges also must not interfere with each other's deliberations and decisions. While judges hear and make judgments and administer laws, the doctrine of precedent is so entrenched as a rule of conduct that it is the golden rule for judges to follow legal principles created as precedents in superior courts. Judicial independence is also necessary because a judge cannot hear an appeal from a case that she or he have just presided over, this

Marbury vs Madison

921 words - 4 pages the Supreme Court, and introduce the idea of judicial review. This idea of judicial review initiated by Marshall has become the most distinguishing trait of the American constitutional system and a precedent of power in the judicial system today. “He won his fight to preserve the independence and integrity of the system,” and constituted an expansion employed today, that amplifies the power of the federal government to allow the Supreme

Should judges reflect the society in which they live?

1239 words - 5 pages judicial role. Ultimately it is the detachment of the judge which enables the litigation process to fairly administer justice.First of all it is important to point out that judicial independence as the third arm of government, separate from the Legislative and Executive branches plays a vital role in Australia's working democracy and is an institution that must be preciously guarded, "Without the guarantee of such independence, the very essence of any

federalist paper

1078 words - 5 pages parties, and will place them above any current “trending” social issues. They do have to serve under good behavior, however, lest they be impeached. Other than being impeached, they only leave if they retire or die. In considering this good behavior tool, and all of the benefits it can have, Hamilton assures us that, while there were many doubts, tenure assures the protection of individual rights and judicial independence. Federalist #78 shows

Key terms for political science class - Political science - Assignment

1365 words - 6 pages the U.S. Constitution, federal laws, or treaties. judicial activism An approach to judicial decision making whereby judges are willing to strike down laws made by elected officials as well as step away from precedents. Judicial independence Insulating judges from the need to be accountable to voters or elected officials so that they can make impartial decisions based on the law. Judicial restraint An approach to judicial decision making whereby

Judges and Their Roles

1265 words - 5 pages years’ rights of audience in High Court and the holding of high judicial office for at least 2 years The dismissal of judges is very difficult. The system prides itself on having independence from pressures that might be put upon it by Government, the general public or other sources, therefore judges need to feel secure in their posts. All judges of the Supreme Court – of the High Court rank and above – hold office


1547 words - 6 pages systems are alike. Judicial independence is also very significant to federalism. Since political safeguards seem to be inadequate to protect federalism, judicial safeguards seem more and more useful. Judicial independence is a necessary condition for judicial safeguards. Current history provides evidence that it is possible for the court to uphold federalism, not just as a referee of interstate dispute, but also as


921 words - 4 pages Union by having a Constitution, answering to the objections made by the Anti-federalists about separation of powers, and defending opposing arguments made against the characteristics of the executive and judicial branch as provided in the Constitution.I. Introductiona. Describe The Federalist Papers are and when they startedb. Thesis: The Federalist influenced the ratification of the Constitution by making some of their most important arguments

Similar Essays

Prosecutorial And Judicial Independence Of The Superior Courts In Hong Kong

1445 words - 6 pages Basic Law provides for both prosecutorial and judicial independence, as both are vital under the Rule of Law in Hong Kong. This paper looks at issues in connection with prosecutorial independence and judicial independence of the superior courts. Indeed both are not functioning with total independency with the judiciary perceived to be more independent. As both are vital to the rule of law in Hong Kong, the prosecutorial independency and

Essay About The Importance Of The Independence Of The Judiciary In Australia

1830 words - 7 pages Foundations Essay - Independence of the JudiciaryTo understand the expression 'the independence of the judiciary' you first must understand what is meant my judiciary. The judicature is:The judicial power of the commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High

"It Is Absolutely Necessary For The Successful Functioning Of The Rule Of Law That The Judiciary Be Elected." E. Wilson. Discuss

1729 words - 7 pages independence or judicial accountability may be determined by the actual role a judge performs. But what is the perceived role of judges and does this role lean towards judicial independence or accountability? It is therefore the intention of this essay to discuss the role of judges, and the potential impact elected and appointed judges have on the successful functioning of the Rule of Law. It is also the intention of the author to refute the claim made by

The Separation And Balance Of Powers In The Uk Constitution

1742 words - 7 pages democracy? Transitioning without a written constitution or clear separation of powers resulted in questionable balance of power amongst the arms of government, and to some extent hampered judicial independence. The United Kingdom’s historic and homeostatic governance needed to be severely tweaked to conform to the contemporary world. The UK’s judicial system faced challenges similar to those European nations which have moved