Julius Caesar

JUDICIAL INDEPENDENCE IN AUSTRALIA AND MALAYSIA MEANING OF JUDICIAL INDEPENDENCE Montesquieu puts ahead the idea that thither is no liberty, if the judiciary causality is non separated from the legislative and the administrator. He said if it were joined with the legislative, the breeding and liberty of the subject would be exposed to arbitrary require; the judge would then be the legislator. If it were joined with the executive, the judge would coiffe with violence and oppression1. The principle of separation of powers is the foundation for a parliamentary state based on the rule of law. The judicial power dispenses justice in disputes between citizens and government and its agencies. Therefore, there is a need to vest this judicial power in a mechanism independent of the legislative and executive powers of the government with enough guarantees to insulate it from political and other influence to secure its emancipation and impartiality. The presence of an independent judiciary in a parliamentary government distinguishes that system from a totalitarian one2. The current determine of Westminster government that Australia and Malaysia has adopted keeps the parliament in line with the executive policy. Therefore, the judiciary is seen to be vital in providing the checks and balances.

Judicial independency is the very foundation of any worthwhile legal structure. A free society would only exist as grand as it is governed by the rule of law, which binds the rulers with the ruled. An independent judiciary is loosely an essential requirement for the proper functioning of free and democratic society. The issue of judicial independence involves three fundamental conditions. protective cover of tenure of the judicial office-bearer, financial security and institutional independence. harmonize to the doctrine of separation of powers, judicial independence is to be interpreted as a bulwark against the concentration of power in the hands of the Parliament or the bureaucracy. At the practical level, there is a...

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