cam, 54 words, 0 comments, Irfan Yusuf, Common Law, Judicature

Irfan Yusuf:

Albrechtsen must have skipped her undergraduate law lecture where the concept of common law as judge-made law was explained. Then again, given the key role the common law plays in Australian law, it seems Albrechtsen may have skipped attending lectures altogether.

Irfan links to the Catholic Encyclopedia on Common Law. (reply)

cam, 528 words, 0 comments, Judicature, Check and Balance, Executive, Pardon

The purpose of the executive having the power to pardon is to stop judicial tyranny. It is a check on the judicature from another branch of government to stop arbitrary judicial decisions. President Bush commuting Libby's sentence was not for this purpose. it was political. There is an argument that there should be some check and balance on the executive's power in this area. (more)

cam, 618 words, 0 comments, Judicial Appointments Commission, Judicature

The Judicial Appointments Commission in the UK is pretty new, it was only implemented in April this year, and won't choose its first High Court Judge until October, 2006. The commission has fifteen members on it including two legal professionals, five judges, a tribunal justice, a magistrate, and six citizens (lay people) including the chairman. They are also backed by a staff of one hundred people. The make up is interesting as it collapses specialist with informed citizenry and excludes the political specialists - ie politicians. (more)

cam, 2462 words, 0 comments, Judicial Appointment, Andrew Murray, Andrew Bartlett, Missouri Plan, Judicature

Andrew Murray made a speech in the Senate Hansard for October 12th on the subject of appointed judges and the need for legislative oversight of executive appointments to the High Court. Andrew Bartlett, another Senator from the Australian Democrats recently touched on the same issue writing that Judges should not be elected . SSR also covered the issue where Alan argued for a Missouri Plan style of appointing judges. (more)

cam, 498 words, 6 comments, Andrew Bartlett, Senate, High Court of Australia, Judicature

Senator Andrew Bartlett has an article on why Judges should not be elected . Andrew suggests that a judicature sensitive to re-election will perform for a majority, with the goal of re-election, at the expense of minority rights. Andrew also points out the problem of political donations polluting the judicial process. The idea of an elected judicial brings into tension the balance between specialist, representative and crowd wisdom. (more)

cam, 776 words, 0 comments, Judicial, Bryan Palmer, High Court, Judicature, Lionel Murphy, Samuel Griffiths, Westminster, Australian Constitution

Bryan Palmer has an article on ozpolitics that what is deemed constitutional is ultimately in the hands of the Judicial and not legislative fiat. The High Court under the doctrine of separation of powers is the highest authority to interpret the Australian constitution. But our Westminster style of constitutional law makes government complex and unknowable from the citizen's point of view. It is a fair expectation, in my opinion, that a constitutional system can be read explicitly by a citizen to understand the limits of their government. (more)