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Importance of judicial independence
Importance of judicial independence
Analyse and evaluate the independence of the judiciary
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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 at the same time. The doctrine of separation of powers offers several advantages, it proposes separate, specialized and efficient branches of government and it also reduces the abuse of government power by dividing it.
a) Why is the independence of the judiciary an important feature of Australia's system of justice?
The judiciary is the government branch that is concerned with the administration of justice. The judiciary is absolutely separate from the executive and the legislature, so it can check 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 the executive government and have a permanent tenure until they have to retire at the age of seventy. It was a constitutional 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 exception is the Family court justices; they have to retire at the age of sixty-five.
Judges can only be dismissed on the grounds of proved misbehaviour or incapacity and can only be dismissed by parliament representatives.
The Honorable Jonathan Yates, former deputy general counsel for the Committee on Government Reform and Oversight of the U. S. House of Representatives, writes, “This lifetime term now enjoyed by justices not only contravenes the spirit of the Constitution, it counters the role intended for the court as a minor player in the equal judiciary branch of government. Term limits are needed to adjust the part of the court to the intent of the founding fathers” (Np). Judge Yates explains that the greatest powers of the Supreme Court did not originate from the Constitution or Congress, but from their own rulings (Np). The most prominent of which, was being Marbury v. Madison, in which the court granted itself judicial review, or the power to determine the constitutionality of legislation (Yates). Furthermore, the intended role of the court by the founding fathers was so small, that it did not have a home, or meet to hear any cases (Yates). An amendment to the Constitution removing the lifetime tenure of U.S. Supreme Court judges needs consideration by Congress. Lifetime tenure on the U.S. Supreme Court has led to four points that could not have been foreseen by the creators of the Constitution. The first problem resulting from the Supreme Court’s tenure policy is that judges’ are holding on to their seats, disregarding debilitating health issues. The second issue that has arisen from lifetime tenure is the use of strategic retirement by sitting judges to ensure a like-minded replacement. The third development resulting from lifetime tenure is the steady decrease in case decisions by the U.S. Supreme Court. The fourth and final effect lifetime tenure has had on the Supreme Court is an increase in celebrity status of the judges, which has le...
However, this is not the only option. Being appointed without the possibility of renewal, such as an 18-year term limit, would accomplish the same goal. In both situations, the judges would not have to seek reappointment, run for office, or worry about their political popularity.
Judicial Activism- judges should interpret and apply the law in the light of ongoing changes in conditions and values
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised. However, since the Parliament is capable of making any law whatsoever, the concept of the rule of law poses a contradiction to the principle of parliamentary supremacy, entailing that Parliament is not bound by the Rule of Law, and it can exercise power arbitrarily.
In every given business, the name itself portrays different meanings. This serves as the reference point and sometimes the basis of customers on what to expect within the company. Since personality affects product image (Langmeyer & Shank, 1994), the presence of brand helps in the realization of this concept. Traditionally, brand is a symbolic manifestation of all the information connected with a company, product, or service (Nilson, 2003; Olin, 2003). A brand is typically composed of a name, logo, and other visual elements such as images, colors, and icons (Gillooley & Varley, 2001; Laforet & Saunders, 1994)). It is believed that a brand puts an impression to the consumer on what to expect to the product or service being offered (Mere, 1995). In other application, brand may be referred as trademark, which is legally appropriate term. The brand is the most powerful weapon in the market (LePla & Parker, 1999). Brands possess personality in which people associate their experience. Oftentimes, they are related to the core values the company executes.
all judiciary cases in which any fact is involved,) or may they act by representatives, freely and
Some of the many common mistaken views of aging would involve our society seeing aging as something that will be a big problem for us and bring about burden. Other issues to consider are that aging is for everyone, not just the elderly. In many people’s minds, you say “aging” and the first thing that comes to mind is an elderly lady or man, retired, grey hair, and no longer full of life. However, children, young adults, and older adults are aging every day. As mentioned in Aging Concepts and Controversies page 91, “…half a million people over age 60 are studying on college campuses.” It also mentions how military officials are retiring in between 40 and 50, and grandmothers are appearing as early as their 30’s. For myself, I noticed that this discrimination was
they must be a member of either the House of Commons or the House of
Many judges, whether appointed or elected, tend to serve for life. Often times, once they are in place, then it is very difficult to remove them. The advantage of having judges that are older is for their experience and wisdom. These judges are typically able to make sound judgments. They have obtained a degree of respect from their community and judicial colleagues. If a judge is able to maintain a sound mind and is physically fit to stay on the bench, then there should not be a cause of concern. However, with the aging process, the human body begins to decline. Unfortunately, sound judgment and memory begins to diminish. The body begins to weaken and it becomes increasingly difficult for a judge to keep up with the demand for the job. Often time than not, the judge is the one who decides when he should step down. If he a defiant person, then that decision will be a difficult one for him to make even though his stepping down would be for the betterment of all people. Most judges are able to continue serving even into advanced ages. As long as they are capable, then they should continue to do
Branding has now become an indispensable part of every organization. In the world of increasing competition companies need to differentiate their products or services to become successful. Making a product or service and simply selling them will not make a business successful. It will only become one among the thousands. Branding is an effective tool which helps the companies to differentiate and position their products and to establish a personality and identity. Such a personality and image is very much needed to create loyal customers, who are
When discussing modernity, Bauman describes the way in which society has shifted from solid modernity to liquid modernity. Liquid modernity describes the current condition of constant mobility and changes that occur in relationships, identities, and global economics within society. Modernity, as a solid state, was previously seen as being largely characterized by a need for order, while at the same time consisting of contingencies and radical change. Liquid modernity
In the modern world of conducting business, any company that wishes to succeed must differentiate its products or services from others in the industry. Differentiation makes it possible for consumers to point out notable differences between one company’s products as compared to those of competitors. Differentiation helps companies build brand loyalty as the uniqueness keeps customers fixed on a particular product. BMW is one of the most popular automakers in the world today. It definitely uses differentiation as a strategy to beat off competition by building products that are innovative, detailed and incomparable to those of competitors.
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BMW has captured the attention of automobile drivers from all around the world with their “Ultimate Driving Machine.” The BMW Company was originally established in Germany and has extended nationally reaching over 12 countries. With Germany and the United States being the top two target countries, BMW has established their products as a combination of luxury, safety, and comfort with product lines to suit all styles of living. Revenues have been increasing each year since before 1996 with profits coming from product line of automobiles and motorcycles. In 2001, BMW came out with a new product group, the Mini. The Mini also contributed to the revenue increase in 2001. BMW has current developments in their sports cars, the Z8. BMW has created a trustworthy name for the automobiles they produce and has all the potential to continue their success in the future.