Judicial Independence in Australia: Contemporary Challenges, Future Directions, 1st Edition (Hardback) book cover

Judicial Independence in Australia

Contemporary Challenges, Future Directions, 1st Edition

Edited by Rebecca Ananian-Welsh

Federation Press

272 pages

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Description

Judicial independence is a fundamental aspect of law and governance in Australia, commanding near universal endorsement. Despite its vital importance, the independence of the Australian judiciary is threatened on a variety of fronts. This volume brings together some of Australia’s leading constitutional scholars to discuss judicial independence and its contemporary challenges, including challenges posed by politics, judicial selection, extra-judicial activities, social media and the war on terror. Contributions include theoretical, empirical and comparative perspectives. The book includes an initial essay by former Chief Justice of the High Court of Australia, Sir Anthony Mason AC KBE CBE QC. The volume provides a valuable guide to future directions in law and governance, with an eye to strengthening judicial independence in Australia.

Reviews

This publication has previously provided a pre-publication review of this book. However, now that it is available for sale it is appropriate to mention it a second time. It is timely that this important work covering the broad topic of judicial independence in Australia is published. It is edited, in part, by the talented Dr Rebecca Ananian-Welsh, and it brings together a series of exceptional papers which pelucidly reveal that judicial independence is under threat on a variety of fronts and, in particular, threats posed by politics (including the modern phenomenon of “identity politics”), judicial selection, extra-judicial activities, social media and the war on terror. The book begins with an outstanding paper delivered last year by the Hon Sir Anthony Mason at a conference at the University of Queensland, the title of which has been given to the book. The remainder of the contributions to that conference are categorised into the following; Conceptualising Judicial Independence; Judicial Appointments and Tenure; Institutional Integrity; Judicial Reasoning and Rhetoric; Extra Judicial Activities and Courts in Social Context. The authors of the various articles include some of Australia’s foremost constitutional jurists including Professor Brian Opeskin, Professor George Williams and Dr Ananian-Welsh. Professor Opeskin’s paper is especially interesting, dealing as it does with Judicial Exits which discusses the various methods by which judicial office terminates (i.e life tenure, age tenure or term tenure). He clearly identifies that the South Africa model of having fixed terms for judicial office has much to commend it.

Queensland Law Reporter – 8 July 2016 – [2016] 26 QLR

This is another excellent publication from Australia’s premier legal publisher. As the former Deputy Chief Justice of the Constitutional Court of South Africa, Dikgang Moseneke, said in the Supreme Court Oration earlier this week, judicial independence is an essential part of most modern democracies. It is, as his Honour pointed out, inextricably bound to the Rule of Law. … So it is timely that the Federation Press is to publish this important work covering the broad topic of judicial independence in Australia. It is edited, in part, by the talented Dr Rebecca Ananian-Welsh, and it brings together a series of exceptional papers which pellucidly reveal that judicial independence is under threat on a variety of fronts and, in particular, threats posed by politics, judicial selection, extra-judicial activities, social media and the war on terror. The book begins with an outstanding paper delivered last year by the Hon Sir Anthony Mason at a conference at the University of Queensland, the title of which has been given to the book. The remainder of the contributions to that conference are categorised into the following; Conceptualising Judicial Independence; Judicial Appointments and Tenure; Institutional Integrity; Judicial Reasoning and Rhetoric; Extra Judicial Activities and Courts in Social Context. The authors of the various articles include some of Australia’s foremost constitutional jurists including Professor Brian Opeskin, Professor George Williams and Dr Ananian-Welsh.

Queensland Law Reporter – 17 June 2016 – [2016] 23 QLR

Table of Contents

CONTENTS

Acknowledgments

About the Contributors

Table of Cases

Table of Statutes

Introduction

Jonathan Crowe and Rebecca Ananian-Welsh

1. Judicial Independence in Australia: Contemporary Challenges, Future Directions

The Hon Sir Anthony Mason

PART I: CONCEPTUALISING JUDICIAL INDEPENDENCE

2. The Two Theses of the Philosophy of Separating Powers: Who Exercises Power and How?

Suri Ratnapala

3. Human, All Too Human: Human Fallibility and the Separation of Powers

Jonathan Crowe

4. The Advancement of Judicial Independence as a Universal Value: A Comparative Perspective

HP Lee

PART II: JUDICIAL APPOINTMENTS AND TENURE

5. Is Talk of the Quality of Judging Sometimes Strained, Feigned or not Sustained?

James Allan

6. Practice and Persuasion: Women, Feminism and Judicial Diversity

Heather Douglas and Francesca Bartlett

7. Judicial Exits: The Tenure of Judges in Three Apex Courts

Brian Opeskin

PART III: INSTITUTIONAL INTEGRITY

8. Comparative Constitutional Law and the Kable Doctrine

Rosalind Dixon and Melissa Vogt

9. Constitutional Silences and Institutional Integrity

Constance Youngwon Lee

10. Institutional Costs of Judicial Independence

Gabrielle Appleby

PART IV: JUDICIAL REASONING AND RHETORIC

11. Keep Your Distance: Independence, Individualism and Decision-Making on Multi-Member Courts

Andrew Lynch

12. The Judicial Scholar and the Scholarly Judge: Extra-Curial Writing and Intellectual Independence on the High Court

David Tomkins and Katherine Lindsay

PART V: EXTRA-JUDICIAL ACTIVITIES

13. Extra-Judicial Activities and Judicial Independence

The Hon Justice Martin Daubney

14. State Judges as Lieutenant-Governors

Rebecca Ananian-Welsh and George Williams

PART VI: COURTS IN SOCIAL CONTEXT

15. Of ‘Fragile Bastions’, ‘Political Judges’ and ‘Robust Debates’: Judges and Their Critics

John M Williams

16. Social Media and the Judiciary: A Challenge to Judicial Independence?

Alysia Blackham and George Williams

17. Judicial Independence in an Age of Terror

Rebecca Ananian-Welsh

Index

About the Editor

Simon Rice OAM

Simon is a Professor of Law at the Australian National University, where he is Director of Law Reform and Social Justice. He researches and writes in discrimination, human rights, access to justice and public interest lawyering.

From 1996-2011 he was a part-time judicial member of the NSW Administrative Decisions Tribunal in the Equal Opportunity Division. He is a past President of Australian Lawyers for Human Rights, and a former Director of the NSW Law Foundation.

In 2002 he was awarded a Medal in the Order of Australia for legal services to the socially and economically disadvantaged

Andrew Day

Professor Andrew Day is a clinical and forensic psychologist who has worked in correctional and forensic mental health services in the UK and Australia. He is a Professor in the School of Psychology, and an Associate Director of the Centre for Mental Health and Wellbeing at Deakin University.

Dr Day obtained his Doctorate in Clinical Psychology at the University of Birmingham UK in 1994 and Masters in Science in Applied Criminological Psychology at the University of London UK in 1991 that included work as a Prison Psychologist with the UK Home Office.

He has published many research articles on offender rehabilitation, co-edited textbooks for pre-university Psychology curriculums, and presented conference papers at national and international research conferences. His current research interests focus mainly on the development of therapeutic and rehabilitative approaches for offenders.

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW103000
LAW / Common
SOC004000
SOCIAL SCIENCE / Criminology