Chapter 14 Accountability and the courts Flashcards
The only definitive and drastic step available to the legislature and executive to hold the courts accountable is….
The removal of a judge for ‘proven misconduct or incapacity’
The most common way of courts being held to account is through this process within the court system
appeals
The Minister within the executive responsible for the court and judicial systems
Attorney General
Ultimate appellate jurisdiction is granted to the High Court through this section of the Constitution
s73
Case in which the High Court found Justice Dodd had not provided a fair trial for the defendants in a 2004 case due to his inattention
Cesan and Revadia
This saying, which ensures judicial impartiality, Nemo iudex in causa sua translates as…
No one should judge their own cause
This saying ensures equal opportunity for both sides of a case
Audi alteram partem
Instruction of the jury by a judge in a trial is referred to as _______ the jury
Charging
A trial, in whole or part, which is held behind closed doors unlike most cases is called ________
in camera
This section of the Constitution guarantees security of tenure for judges
s72
Two key traditional measures which ensure external accountability is applied to the judiciary
separation of powers and rule of law
Parliament may ______ a common law decision by passing suitable legislation which checks the common law decision
abrogate
Example of federal parliament clarifying a common law decision
Response to Mabo with Native Title Act
Mandatory sentencing is a constraint on judicial ________
discretion
Controversial High Court Justice who was accused of perverting the course of justice in 1984 but dies before a parliamentary commission could complete its work
Lionel Murphy
