| Edition |
2nd ed. |
| Description |
1 online resource (xlviii, 373 pages) |
| Physical Medium |
polychrome |
| Description |
text file |
| Summary |
"This new edition follows the scheme of the first edition of the book. As was stated in the first edition, the principal aim of this book is to contribute to a better understanding of the Australian judiciary. Australians are entitled to engage in critical discussions about the judicial branch of government, as is befitting a healthy democracy. However, when they do so, it should be from an informed standpoint. Sir Gerard Brennan, Chief Justice of the High Court of Australia 1995-1998, said:"-- Provided by publisher. |
| Contents |
Cover; THE AUSTRALIAN JUDICIARY; Title; Copyright; Foreword; Contents; Preface; Acknowledgments; Table of Cases; Table of Statutes; CHAPTER 1 Introduction; The importance of the judiciary; The development of an independent judiciary; The rule of law; Meaning of judicial independence; International standards and judicial independence; A declaration of judicial independence; Guarantees of judicial independence; The judiciary in Australia; Concluding observations; Notes; CHAPTER 2 The courts and judges; The Australian court system; State courts and State magistracies; The High Court of Australia. |
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Federal courts, federal tribunals and the federal magistracyThe cross-vesting of state and federal jurisdiction; The work of judges; Who is a judge?; What's in a name?; The 'justices' of the Industrial Relations Commission of Australia and Fair Work Australia; A Chairman of the Grants Commission; A Chairman of the National Crime Authority; Arbitrators and mediators; Jurors; Who are the judges?; Male and female judges; Backgrounds of the judges; Age profiles; Length of judicial service; Notes; CHAPTER 3 The judiciary as a branch of government; Introduction; The separation of powers doctrine. |
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Meaning of judicial powerParliament and the judicial process; The persona designata doctrine; The incompatibility test; The Kable doctrine and State courts; Relationships with other branches of government; The High Court in the eye of a storm; Conclusion; Notes; CHAPTER 4 Appointment and conditions of service; Appointments; Current appointment process; Some controversial appointment episodes; Qualifications for appointment; Political experience as a relevant consideration; The judiciary as a fair reflection of society; Proposals for change; Acting and part-time judges. |
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Constitutional validity of acting judgesPart-time judges; Conditions of service; Judicial education; Disputes about entitlement to hold and exercise judicial office; Conclusion; Notes; CHAPTER 5 Removal, suspension and discipline of judges; Removal of judges; The Lionel Murphy affair; The Vasta affair; 'Judicial misbehaviour'; 'Incapacity' -- the Bruce affair; Suspension of judges from office; Judicial review of proceedings against judges; Abolition of courts; Reforming the removal mechanism; Complaints against judges; Reforms at State level; Reforms at Commonwealth level. |
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Resignation of judgesNotes; CHAPTER 6 Judicial conduct; Introduction; The rule against bias; Enforcing the rule; Determining the reactions of the ordinary reasonable member of the public; Circumstances which may give rise to reasonable apprehension of bias; (a) Indirect interest in proceedings; (b) Conduct; (c) Association; (d) Knowledge of some prejudicial but inadmissible fact or circumstance; (e) Direct pecuniary or proprietary interest in outcome; Exceptions to the rule against bias; (a) Statutory exceptions; (b) The principle of necessity; (c) Waiver. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Justice, Administration of -- Australia.
|
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Justice, Administration of. |
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Australia. |
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Courts -- Australia.
|
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Courts. |
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Judges -- Australia.
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Judges. |
| Genre/Form |
Electronic books.
|
|
Electronic books.
|
| Added Author |
Lee, H. P., 1947-
|
| Other Form: |
Print version: Campbell, Enid Mona, 1932- Australian judiciary. 2nd ed. Cambridge [UK] ; New York : Cambridge University Press, 2012 9780521769167 (DLC) 2012018487 (OCoLC)793256624 |
| ISBN |
9781107313903 (electronic book) |
|
1107313902 (electronic book) |
|
9781139028431 (electronic book) |
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113902843X (electronic book) |
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9781299257139 (MyiLibrary) |
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1299257135 (MyiLibrary) |
|
9781107308350 |
|
1107308356 |
|
9780521769167 |
|
0521769167 |
|
