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Overview

judicial independence

Subject: Law

The freedom of the judiciary from interference or direct external control, particularly by other branches of government (see separation of powers). The courts' capacity to resist political ...

judicial independence

judicial independence   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
530 words

...to play in defending and promoting judicial independence. They have power under the Constitutional Reform Act to make written representations to Parliament, a power that appears as if it will be used only in exceptional circumstances. • The new systems for judicial appointments , operating at arms' length from ministers, also promote independence. • The creation of a new top‐level court, the UK Supreme Court, physically and procedurally separate from Parliament, will also enhance perceptions of judicial independence. Judges are protected from dismissal by...

Independence, judicial

Independence, judicial   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
1,416 words

..., judicial . Judicial independence is an essential attribute of any worthwhile judicial system. More than that, it is also critical to the existence of modern democratic government. Without the guarantee of such independence, the very essence of any justice system—that it be just and fairly administered—cannot be ensured. Moreover, without an independent judiciary, a democratic government, however otherwise guaranteed, is unlikely to long remain democratic. In Australia, judicial independence owes its origin to the development in England, over the...

judicial independence

judicial independence   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
99 words

...judicial independence The freedom of the judiciary from interference or direct external control, particularly by other branches of government ( see separation of powers ). The courts’ capacity to resist political pressure is supported by the constitutionally entrenched position of the judiciary, and by lifetime appointments rather than limited tenure. It is weakened by financial and managerial control of courts and court budgets by executive government departments, and by adverse reporting in the media. Historically, in all jurisdictions, tensions between...

judicial independence

judicial independence  

Reference type:
Overview Page
Subject:
Law
The freedom of the judiciary from interference or direct external control, particularly by other branches of government (see separation of powers). The courts' capacity to resist political pressure ...
Local Government

Local Government   Quick reference

R. W. Hoyle

The Oxford Companion to Local and Family History (2 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
History, Local and Family History
Length:
5,202 words
Publisher:
Oxford University Press

...concerns and aspirations of individual communities. Several propositions concerning the history of local government may be quickly stated. First, no universal, structured system of local government existed in England and Wales before 1888 , rather a range of administrative and judicial institutions, each with distinct historical origins. Second, no clear distinction can be made between local government and the local administration of justice before 1888 . Before this date the key individuals in local government were the Justices of the Peace (collectively...

20c The History of the Book in Britain from 1914

20c The History of the Book in Britain from 1914   Reference library

The Oxford Companion to the Book

Reference type:
Subject Reference
Current Version:
2010
Subject:
History, Social sciences
Length:
3,991 words
Publisher:
Oxford University Press

...diminishing borrower figures. Shifting moral attitudes and the changing shape of British society during the 20 th century both influenced and was influenced by the materials produced by publishing companies. Throughout the course of the century, the legislative framework and judicial activity surrounding the content of books underwent radical changes with the gradual arrival of a more permissive society. However, although bold and progressive publishers such as *Calder & Boyars continually pushed at social and political boundaries, the courts’ role in...

Abstractitis

Abstractitis   Reference library

Garner’s Modern English Usage (4 ed.)

Reference type:
Subject Reference
Current Version:
2016
Subject:
Language reference, Usage and Grammar Guides
Length:
922 words
Publisher:
Oxford University Press

... the adoption of , and so on. The Fowler brothers quote the following sentence—laden with zombie nouns—in The King's English ( 1906 ): “One of the most important reforms mentioned in the rescript is the unification of the organization of judicial institutions and the guarantee for all the tribunals of the independence necessary for securing to all classes of the community equality before the law” [42 words]. Arthur Quiller-Couch 's revision eliminates the zombie nouns : “One of the most important reforms is that of the courts, which need to be independent...

Removal of Justices

Removal of Justices  

Reference type:
Overview Page
Subject:
Law
Of the High Court (and other federal judges) is strictly controlled by section 72(ii) of the Constitution, which seeks to balance judicial independence and judicial accountability. A Justice may be ...
Tenure

Tenure  

Reference type:
Overview Page
Subject:
Law
Security of tenure is an important aspect of judicial independence. Under the Constitution, Justices can be removed only in particular circumstances, and their remuneration cannot be diminished. This ...
Non-judicial functions

Non-judicial functions  

Reference type:
Overview Page
Subject:
Law
Section 71 of the Constitution states that the judicial power of the Commonwealth is vested in the High Court, federal courts created by the Commonwealth Parliament, and courts invested with ...
Remuneration of Justices

Remuneration of Justices  

Reference type:
Overview Page
Subject:
Law
Judicial independence rests on two fundamental constitutional guarantees—security of tenure and security of remuneration—bolstered by the separation of judicial power. Section 72(iii) of the ...
Disqualification of Justices

Disqualification of Justices  

Reference type:
Overview Page
Subject:
Law
Since the earliest days of the High Court, it has been thought desirable that, so far as possible, all Justices should sit on important cases, and particularly desirable that they ...
Policy considerations

Policy considerations  

Reference type:
Overview Page
Subject:
Law
‘“Policy”’ has become a hideously inexact word in legal discourse' (Neil MacCormick, Legal Reasoning and Legal Theory (1978). In this respect, ‘policy’ is not unlike ‘values’. Each term is used ...
Role of Court

Role of Court  

Reference type:
Overview Page
Subject:
Law
The principal responsibilities of the High Court are to uphold the Constitution, maintain the rule of law, and act as the nation's final court of appeal in civil and criminal cases.[...]
Murray Gleeson

Murray Gleeson  

Reference type:
Overview Page
Subject:
Law
(born 30 August 1938; Chief Justice since 1998)was the first Chief Justice of a state Supreme Court to be appointed as Chief Justice of the High Court since Griffith, whose Queensland Chief ...
Accountability

Accountability  

Reference type:
Overview Page
Subject:
Law
The High Court is the end of the road for litigants; there is no further appeal to another court. Moreover, its Justices are appointed until retirement age, are not subject ...
Court of Disputed Returns

Court of Disputed Returns  

Reference type:
Overview Page
Subject:
Law
Under the Commonwealth Electoral Act 1918 (Cth), and formerly under the Commonwealth Electoral Act 1902 (Cth), the High Court is designated as the Court of Disputed Returns. It is invested ...
Murphy affair

Murphy affair  

Reference type:
Overview Page
Subject:
Law
Refers to the series of investigations and criminal trials, relating to alleged improprieties by Murphy, that began with the publication of the ‘Age tapes’ on 2 February 1984, and ended with Murphy's ...
Mistretta v. United States

Mistretta v. United States  

Reference type:
Overview Page
Subject:
Law
488 U.S. 361 (1989), argued 5 Oct. 1988, decided 18 Jan. 1989 by vote of 8 to 1; Blackmun for the Court, Scalia in dissent. Federal judges have traditionally exercised considerable discretion in ...
Barwick Court

Barwick Court  

Reference type:
Overview Page
Subject:
Law
(27 April 1964–11 February 1981).The history of the Court during Barwick's term as Chief Justice may be divided into two periods. Initially, Barwick sat with Justices who were contemporaries ...

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