Judicial Independence in Australia: Contemporary Challenges, Future Directions

Law

Judicial Independence in Australia: Contemporary Challenges, Future Directions

Edited by Rebecca Ananian-Welsh · Jonathan Crowe
The Federation Press August 2016

Specifications

ISBN-13
9781760020651
Publisher
The Federation Press
Publication
August 2016
Format
Hardback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Judicial independence is a fundamental aspect of law and governance in Australia, commanding near universal endorsement. Despite its vital importance, the independence of the Australian judiciary is threatened on a variety of fronts.

This volume brings together some of Australia’s leading constitutional scholars to discuss judicial independence and its contemporary challenges, including challenges posed by politics, judicial selection, extra-judicial activities, social media and the war on terror. Contributions include theoretical, empirical and comparative perspectives.

The book includes an initial essay by former Chief Justice of the High Court of Australia, Sir Anthony Mason AC KBE CBE QC. The volume provides a valuable guide to future directions in law and governance, with an eye to strengthening judicial independence in Australia.

Table of Contents

Introduction
Jonathan Crowe and Rebecca Ananian-Welsh
1. Judicial Independence in Australia: Contemporary Challenges, Future Directions
The Hon Sir Anthony Mason AC KBE CBE QC

PART I: CONCEPTUALISING JUDICIAL INDEPENDENCE
2. The Two Theses of the Philosophy of Separating Powers: Who Exercises Power and How?
Suri Ratnapala
3. Human, All Too Human: Human Fallibility and the Separation of Powers
Jonathan Crowe
4. The Advancement of Judicial Independence as a Universal Value: A Comparative Perspective
H P Lee

PART II: JUDICIAL APPOINTMENTS AND TENURE
5. Is Talk of the Quality of Judging Sometimes Strained, Feigned or not Sustained?
James Allan
6. Practice and Persuasion: Women, Feminism and Judicial Diversity
Heather Douglas and Francesca Bartlett
7. Judicial Exits: The Tenure of Judges in Three Apex Courts
Brian Opeskin

PART III: INSTITUTIONAL INTEGRITY
8. Comparative Constitutional Law and the Kable Doctrine
Rosalind Dixon and Melissa Vogt
9. Constitutional Silences and Institutional Integrity
Constance Youngwon Lee
10. Institutional Costs of Judicial Independence
Gabrielle Appleby

PART IV: JUDICIAL REASONING AND RHETORIC
11. Keep Your Distance: Independence, Individualism and Decision-Making on Multi-Member Courts
Andrew Lynch
12. The Judicial Scholar and the Scholarly Judge: Extra-Curial Writing and Intellectual Independence on the High Court
David Tomkins and Katherine Lindsay

PART V: EXTRA-JUDICIAL ACTIVITIES
13. Extra-Judicial Activities and Judicial Independence
The Hon Justice Martin Daubney
14. State Judges as Lieutenant-Governors
Rebecca Ananian-Welsh and George Williams

PART VI: COURTS IN SOCIAL CONTEXT
15. Of ‘Political Judges’, ‘Fragile Bastions’ and ‘Robust Debates’: Judges and their Critics
John M Williams
16. Social Media and the Judiciary: A Challenge to Judicial Independence?
Alysia Blackham and George Williams
17. Judicial Independence in an Age of Terror
Rebecca Ananian-Welsh
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