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  • The Independence of the Judiciary in Australia

     

    Essays1 Law

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ID number:702473
Evaluation:
Published: 01.12.1996.
Language: English
Level: Secondary school
Literature: n/a
References: Not used
Extract

a) How is the independence of the judiciary guaranteed in Australia?
While the Westminster system had largely developed because of the doctrine of separation of powers, the Australian system of government is largely based on the Westminster. This doctrine of separation of powers proposes that the three institutions of government, the legislature, the executive and the judiciary should be exercised as separate and independent branches. It is this doctrine that stresses the need for the independence of the judiciary from the other two government institutions in order to protect the freedom of individuals. It is under this doctrine that no person can be a Member of Parliament and a judge at the same time. The doctrine of separation of powers offers several advantages, it proposes separate, specialized and efficient branches of government and it also reduces the abuse of government power by dividing it.

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