judicial independence

Question 1

how does judicial independence uphold the separation of powers?

Answer 1

• acts as a check on unlawful use of power
• judge job security

Question 2

how does judge job security maintain judicial independence?

Answer 2

• it is extremely difficult to remove a judge from office
• ensures judges are free from improper influence arising from unjustified threats of termination by the legislature or executive

Question 3

what does section 72 of the constitution state?

Answer 3

“the justices of the high court and of other courts created by the parliament shall not be removed except by the governor-general in council, on an address from both houses of parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity”

Question 4

how does judicial independence uphold the rule of law?

Answer 4

• allows any citizen to file a case against the government
• gives them a fair trial

Question 5

what is judicial precedent/common law?

Answer 5

judges follow the decisions of previous cases with similar facts - judges make common law in the absence of clear legislative provisions

Question 6

what is statutory interpretation?

Answer 6

a process by which a judge decides the meaning of statute law as it applies to the case in dispute in their court