The Judiciary Is The Third Arm Of The Government - 1076 Words

Judicial independence The judiciary is the third arm of the government in the Australian constitution, along with the legislature and executive. To fulfill its constitutional function the judiciary is required to be independent and accountable. The concept of judicial independence insurances that not only the judiciary as an institution but also to the individual judges are free from influence of the other two branches of power. It means that judges should be ‘subject to no authority but the law’ when making judicial decisions. As former Chief Justice Sir Gerard Brennan has said, ‘[t]he first role of the judge is to preside and to hear’ – to be informed about the material required for judgment and dispassionately to make findings of fact and to apply the law. In order to maintain independence judges should be free from any external or internal impact. External factors such as pressure from other governmental institutions or the media should not intrigue the decision making process, nor should judges be influenced by opinions of other colleagues or its own individual preferences and prejudices. To keep the judiciary independent, legal and institutional measures are build into the system to guarantee that judges are free from personal and collective impacts. Security of tenure for example is such a measure, as it ensures that judges can exercise their judicial function without fear or favor. Furthermore judges are paid an adequate salary in order to restrain them fromShow MoreRelatedHuman Rights : Polished Synthesis Essay1251 Words   |  6 Pagesweaknesses so that governments could be formed to reinforce democracy s strengths while counteracting its weaknesses. Even though the Bill of Rights has served as the cornerstone of basic American freedoms, the weaknesses in the American democracy were also created by the Bill of Rights because of the right to bear arms, freedom of the press, the right to be secured from unreasonable searches and seizures, and an independent and influential judiciary. The right to bear arms is one of the strongestRead MoreGovernment : Forms Of Government Essay948 Words   |  4 PagesForms of Government Nigeria is a federal republic, with a presidential system of government which includes the three arms of government namely the executive, legislative, judiciary. The executive arm of government is found at both the federal and state level. The federal level consist of the president, the vice president and members of the executive council. At the state level, the executive arm consists of the governor, deputy governor and members of the executive council. The main function ofRead MoreThe Doctrine Of The Separation Of Power1610 Words   |  7 Pagesof the government-legislative, executive and judicial-all of them causing their own separate association. Since that fourth dimension this rule has been mostly used/employed in the development of a number of states. He also quoted that to uphold the balance of the power in the government, and also to insure the expression of the liberty through the organization. In the inaugural blank space, this doctrine of the breakup of the forces was realized by the Montesquieu as important to government in general:Read MoreThe Issue Of New Zealand1430 Words   |  6 Pages New Zealand is one of the countries in the world that has unwritten consititution and it is vital because it is the base of a government on how to govern a country based on it. Having a written constitution in New Zealand will give New Zealanders more access about certain documents on the consitution itself. 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Though it can be traced as farRead MoreSeparation Of Powers And The United Kingdom s Constitution Essay1465 Words   |  6 PagesUnited Kingdom’s constitution whilst assessing its somewhat unclear separation of powers which exist and assess the reasons why the United Kingdom’s system of government does not adhere to the doctrine of the separation of powers. The separation of powers is defined as the political doctrine of constitutional law under which the branches of government are divided to prevent an abuse of power. These three branches are the Legislative, Executive and Judicial and are assigned special powers to maintain aRead MoreThe Criminal Justice System Of The United States Constitution1184 Words   |  5 PagesThe government has the authority to arrest, indict, try, and sentence individuals that have been accused of committing a crime. In an attempt to balance this authority the United States Constitution guarantees a number of inalienable rights to protect its citizens against tyrannical government power. These rights create the framework of the adversarial criminal justice system that relies heavily on the advocacy of each party and a relatively passive and impartial judge acting as a neutral arbiterRead MoreSeparation of Powers - Importance of Judicial Independence2162 Words   |  9 Pagespolitical experience. The Constitution though largely reflective of the previous colonial relationship, has within it an innate balance of power between the arms of government that is theoretically and fundamentally positio ned to support the country’s self-governance. This balance is so designed, to facilitate the critical functions of government while ensuring that no single body so fully controls the reins of power that it’s will can be imposed without the acquiescence of the other parties, and the