The strike no doubt has negative effect on the administration of justice in the country. An examination of the law and practice of various countries concerning issues which have a bearing on judges and judicial independence reveals differences and even conflicts. The Federalists, who favored strong central government over s … tates' rights, was dominated by businessmen and the wealthy, and sought to establish a government for the elite, by the elite. The inherent danger and pitfall in this approach is that, since Independence our society has developed differently from the English and now requires a robust examination in order to render our Constitution and common law meaningful. As Sir Anthony Mason said:The separation of judicial power is not only protection against the exercise of arbitrary power, but it also assists in maintaining the independence of the judiciary and contributes to public confidence in the administration of justice.
I use data available from the most recent years of 2007 through 2012 that are comprised of a set of indicators of judicial independence and the rule of law covering 51 different countries in the global system. Moreover, the younger generation should be trained to protect values such as human dignity, integrity and democracy — and most importantly to safeguard the rule of law in order strengthen the rights of people. By exercising this power the executive can shape the future directions in judicial interpretation, especially by a court which has the task of constitutional interpretation, such as the High Court of Australia. As demonstrated in other Commonwealth jurisdictions, the Judiciary may indirectly place pressure on the Legislature to ensure that laws are drafted intra vires, in the first instance. It all depends upon our law enforcement machinery, the police in this case, to ensure that these are followed by all citizens irrespective of class, creed and religion. Different methods are used to promote judicial independence, through various manners of judicial selection, or choosing judges. Abstract In recent decades, countries around the globe have engaged in rule of law and judicial reform initiatives, with such efforts being most prominent in transitional democracies, post-conflict and post-communist countries.
The values of fairness and efficiency are sometimes in conflict and care has to be exercised to resolve properly this conflict. These include, most significantly, the provisions in the Australian Constitution guaranteeing security of tenure and fixed remuneration for federal judges and magistrates. The Basic Principles on the Independence of the Judiciary, adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Milan in 1985 and endorsed by General Assembly resolutions later that year , states that the independence of the judiciary shall be guaranteed by the state and enshrined in the constitution or the law of the country. My final example is about him. It provides the system of checks and balances which is alsomentioned in our Constitution. We embarked beyond, and we forgot to look back on how hard on their part to die, but because of their love for our nation- we are free from slavery today. Depending on a society's system factors, the scope of the judicial role may range between two ends of the spectrum far apart: on the one end, judicial self restraint and excessive judicial deference to executive policy, and on the other, judicial activism and a wide scope of the judicial role, such as setting standards for prison administration, determining voting regions, administering school bus plan, administering estates, and overseeing the reorganization of business.
In order for the review power to be effective it can only be entrusted to those who are unaccountable for their substantive decision making to political power that is the judges. In addition to the resolution of disputes, the courts also help to shape the society by pronouncing innovative and creative judgments. To illustrate legislative inaction it is possible to mention the question of legal aid for defendants in criminal proceedings. Attorneys have long been effectively selected by their home state Senators and yet their tradition of fierce independence that I have just talked about prevails once they take office. This assignment is based on the rules of law. Rule of law means that everyone is under the law, irrespective of their status or position. The approach advanced by Professor Mckay and Professor Redlich, on the other hand, is of a negative nature only.
This traditional function has somewhat changed; courts have begun to take a more active role in policy-making at many levels. Judges are just as accountable as the executive and legislative arms of government just in a different way. Developments of Thought: The judiciary and the courts in any society are in a continuous process of change and transition. Madison, while based on different legislation the Organic Act of 1801 , offers great insight into the animosity between the two political parties of that era. The above decisions would be highly unlikely in a country where judicial independence was not guaranteed by the letter of the Constitution. But can we really have a complete separation of power, when the Prime Minister works within the Executive and Judicial arms of government. From the cases above and decisions made by the High Court it can be seen that judicial independence is still 'flourishing within Australia' and will continue to flourish if the judiciary can secure and preserve the confidence of the public.
This was seen in the request of Deputy Prime Minister Tim Fischer for appointment of 'Capital C conservative' judges in the wake of the Wik decision. As an illustration, under Labour Laws in Germany there is less codification so that there is more room for judicial developments. The trend of shifting policy and administrative decisions in environmental and other areas from the executive to the courts is not confined to common law systems with a written Constitution, such as of the United States. The question touches upon the democratic legitimacy of judicial review and not its formal procedural legitimacy. It has also grown on the transnational level with review of national legislation and its conformity with Community Law being undertaken in many states of the European Community, and on the international level within the framework of the European Human Rights Convention. Some of its statutory functions amongst others include: conflicts resolution, punish people who violate the laws of the land, interpret the constitution of the land and check the activities of the other organs of the government namely: the executive and legislature.
The government and its officials and agents as well as individuals and private entities are accountable under the law. In a society such as that of the United States, the judges are vested with broad powers as arbiters and interpreters of a set of values which are encompassed in the written constitution, the provisions of which are stated general terms. This will reduce unnecessary tension in the country. When the parliament enacts laws which affect the individual autonomy of people, or which are unconstitutional, the judiciary can strike down those laws and can protect the constitutional supremacy of a country. In conclusion, the judiciary interprets the law impartially and fairly, and acts as a check against the other two branches of government. The use of tribunals of inquiry and commissions or committees chaired by judges to inquire into political controversies and industrial dispute in England, Canada, Australia and Israel, is another illustration of the judicialisation of politics, which in turn brings about, to a certain degree, the politician of the judiciary.
The Cabinet, consisting of the Prime Minister and other Ministers chosen by him, manages the general administrative functions of the Government and is accountable to Parliament. That was independence exercised in support of a stronger financial reporting system that could better inform and protect investors. The Chief Justice is appointed by the President and the other Judges numbering 25 are also appointed by the president in consultation with the chief Justice. The three powers of government: Legislative the power to create law , Executive the power to enforce law , and Judicial the power to interpret the law were too closely intertwined and, too often, possessed by the same individuals. As Professor Arenas has reported, the same trend prevails in the Federal Republic of Germany's civil law system. The move failed due to lack of two-thirds majority needed under the constitution.