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Essay / Judicial Independence - 841
Judicial independence plays an important role in maintaining an effective democratic system in Australia. This is the key principle that ensures that our nation's separation of powers is controlled and managed. The judicial arm within the separation of powers probably plays the most important role in our system of government. They act as overseers of the legislative and executive branches, providing a method of checks and balances to ensure that the separation of powers avoids corruption and manipulation. This is also the reason why the judiciary must be independent. An independent judiciary means that all judges and administration are free from interference from outside sources. This principle is important for obvious reasons. For example, if a judge is under the influence of a government minister during a trial, this creates an unfair trial and goes against the rule of law, as well as a violation of fundamental human rights of the accused. Judicial independence is achieved by respecting four main principles. The first of these concerns the appointment and dismissal of judges. There must be a clear distinction between who appoints judges and who removes them to avoid one group or individual having total power over the judicial system. Thus, judges are appointed by the government but dismissed by vote of Parliament. The second principle is the permanence of a judge's mandate. Once appointed by the executive government, they remain permanent until the age of 70, when they must retire (65 years in the family court). This retirement age was a requirement imposed on all judges by referendum in 1977. The fixed remuneration of judges constitutes the third major principle. This is a constitutional rule that prohibits middle of paper, a commonly cited example of impartiality and equality in Australian law. This High Court challenge concerned the claim to Aboriginal land in Australia. Mabo's case was successful and the government passed complementary legislation the following year, in the form of the Native Title Act 1993. The jurisdiction granted by the High Court in this example acted as a trigger for the government passes legislation to improve equality in our laws. . - In conclusion, the importance of judicial independence is clearly underlined in the functioning of our democracy. An independent judiciary is capable of making fair and just decisions, respecting the rule of law and respecting our fundamental human rights. Therefore, the judiciary within the separation of powers must be free from external interference in order to preserve the foundations of our democratic and free society..