Separation of Judicial Powers?

Question 1

What is Commonwealth Separation of Powers?

Answer 1

Ensures the quarantining functions of the FED Judicature from the the FED Legislative and Executive

Question 2

What is Principle 1 and 2 for FED Judicial Power?

Answer 2

1. Only Chatper3 Courts may exercise FJP
2. Chapter 3 courts can ONLY exercise FJP

Question 3

What are the Exceptions to Principle 1?

Answer 3

Delegated legislation = FDP may be conferred on NON-judicial bodies by C3 courts

Discrete Exceptions = exceptions that have been acknowledged military tribunals

Question 4

What are Exceptions to Principle 2?

Answer 4

Incidental Powers = allows Federal Courts to exercise NON FJP, but something that’s usually CLOSELY related to judicial functions

Persona Designata Exception = allows judges to perform NON judicial roles if designated to do so as individuals (rrather than members of court)

Question 5

What is State Separation of Powers?

Answer 5

Parliaments CAN vest State Courts and Judges with NON JUDICIAL POWER, as long as it does not undermine integrity

Question 6

What is the FIRST issue for STATE SOPs?

Answer 6

Is the court a chtper3 court, capable of being vested w FDP?

Question 7

What is the SECOND issue for STATE SOPs?

Answer 7

1. Is the Integrity of the Court undermined by the vesting of power?

Question 8

What is the THIRD issue for STATE SOPs?

Answer 8

Persona Designata - power conferred on JP can undermine the institutional integrity of the court b/c close connection