The Australian Judiciary, 2nd Edition

Author: Enid Campbell; H. P. Lee
Publisher: Cambridge University Press
ISBN: 9780521769167
Published In: December 2012
Format: Hardback , 417 pages
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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The second edition of H. P. Lee's The Australian Judiciary provides a timely update to this seminal text. The only definitive survey of the entire Australian judiciary, this text describes and evaluates the work, techniques, problems and the future of the different tiers of courts and judges. It discusses the role of the judiciary as the third sector of government and analyses and comments on judicial conduct, judicial independence and impartiality, the work of judges beyond the courts, the accountability of judges and the dangers to judicial institutions. It is an excellent reference work which will appeal to legal scholars and practitioners throughout Australia and internationally.

• This book is the leading and definitive account of the Australian judicial institution

• Lucidly and concisely written

• Provides critical and in-depth analysis of topics with contemporary significance to the Australian judiciary

Foreword by the Hon Robert French AC, Chief Justice of the High Court of Australia	v
Preface	xiii
Acknowledgments	xvii
Table of Cases	xix
Table of Statutes	xxix
Chapter 1: Introduction	1
The importance of the judiciary	1
The development of an independent judiciary	3
The rule of law	4
Meaning of judicial independence	5
International standards and judicial independence	7
A declaration of judicial independence	9
Guarantees of judicial independence	10
The judiciary in Australia	11
Concluding observations	14
Chapter 2: The courts and judges	20
The Australian court system	20
The work of judges	24
Who is a judge?	27
Who are the judges?	35
Chapter 3: The judiciary as a branch of government	49
Introduction	49
The separation of powers doctrine	50
Meaning of judicial power	53
Parliament and the judicial process	56
The persona designata doctrine	57
The Kable doctrine and State courts	61
Relationships with other branches of government	65
Conclusion	75
Chapter 4: Appointment and conditions of service	84
Appointments	84
Current appointment process	85
Some controversial appointment episodes	86
Qualifications for appointment	89
Proposals for change	92
Acting and part-time judges	94
Conditions of service	98
Judicial education	100
Disputes about entitlement to hold and exercise judicial office	101
Conclusion	107
Chapter 5: Removal, suspension and discipline of judges	116
Removal of judges	116
The Lionel Murphy affair	117
The Vasta affair	120
‘Judicial misbehaviour’	122
‘Incapacity’ – the Bruce affair	124
Suspension of judges from office	126
Judicial review of proceedings against judges	129
Abolition of courts	131
Reforming the removal mechanism	134
Complaints against judges	135
Resignation of judges	143
Chapter 6: Judicial conduct	152
Introduction	152
The rule against bias	153
Questions for the future	170
Public interest and private interest	174
Guide to judicial conduct	177
Chapter 7: Extra-judicial activities of judges	186
Non-judicial functions	186
Commissions and committees of inquiry	189
Restrictions on judges’ extra-judicial activities	192
Declarations of inconsistent interpretation	201
The Guide to Judicial Conduct	202
Conclusion	202
Chapter 8: Protecting judicial institutions	207
Contempt of court	208
Offences relating to the administration of justice	210
Protection of judges from legal liability	216
Parliamentary conventions relating to the judiciary	231
Removal of jurisdiction	232
Chapter 9: The accountability of judges	249
The concept of accountability	249
Open hearings	251
Reasons for judgment	258
Appeals and review	265
The judiciary and Parliament	271
Judges as witnesses before Parliament	277
The courts and the media	278
Chapter 10: A public trust	308
Appendix 1: Judicial statistics tables	317
Appendix 2: Guide to Judicial Conduct	320
Index	365