Chapter 14 - Accountability of the Judiciary

Question 1

How do courts hold themselves accountable (internal accountability)

Answer 1

Appeals (court hierarchy, doctrine of precedent)

Question 2

Example of internal accountability against a judge?

Answer 2

Salvatore Vasta
Stood down by Chief Justice after several appeals relating to his behaviour

Question 3

Example of internal accountability against a court?

Answer 3

Andrew Mallard case
Was convicted of murder by WA Supreme Court, but High Court in appeal found they didn’t follow evidence rules correctly and decision was reversed.

Question 4

What are the principles of natural justice and how do they help with accountability of the judiciary?

Answer 4

Impartial adjudicators - prevents bias in decision
Hear both sides - both sides have equal legal rights, judge has to uphold them equally
Public hearings - improved transparency of system
Evidence-based decisions

Question 5

How can the parliament hold the judiciary accountable?

Answer 5

Parliamentary sovereignty gives statute law power over common law
e.g. Acts Interpretations Act 1901 & mandatory sentencing laws: limit judge discretion and keeps them accountable

Question 6

How does the constitution hold the judiciary accountable?

Answer 6

Section 72:
Allows parliament to vote to remove judges on grounds of proven misbehaviour or incapacity
Fixes judge salaries and term of service

Question 7

Example of judicial accountability through the constitution?

Answer 7

Angelo Vasta
Removed from QLD Supreme Court for corruption which parliament voted to do w/ S72

Question 8

What are some other methods of judicial accountability?

Answer 8

Chief Justice - monitors judge performance and can manage underperforming ones
Codes of Conduct - guidelines for judges and recommended actions