Judicial Independence in Australia: Contemporary Challenges, Future Directions

Author: Rebecca Ananian-Welsh; Jonathan Crowe
Publisher: The Federation Press
ISBN: 9781760020651
Published In: August 2016
Format: Hardback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,263.50

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Contents

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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.

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