Judicial Review Flashcards

Chapter 14 of Politics and Law Textbook - Judicial Review - Flashcards

Australian Court System

A hierarchy of courts responsible for interpreting statutes, applying precedents and ensuring justice through independent yet accountable decision-making.

Judicial Accountability

The principle that judges and courts must be answerable for their actions and decisions through mechanisms that ensure fairness, transparency, and public confidence.

Judicial Independence

The concept that the judiciary must be free from interference by the legislature and executive, ensuring impartial decision-making.

Accountability vs Independence Paradox

The challenge of maintain judicial independence while ensuring judges and courts remain accountable for their conduct and decisions.

Internal Accountability

Mechanisms within the judicial system that ensure accountability, such as appeals, precedent, and publication of reasoning.

Court Hierarchy

The structured ranking of courts that ensures lower courts follow higher courts'' decisions, promoting consistency and accountability.

Doctrine of Precedent

A legal principle requiring courts to follow rulings (ratios) from higher courts in similar cases, ensuring consistency in the application of law.

Appeals Process

A mechanism allowing higher courts to review decisions of lower courts for errors of law, miscarriages of justice, or conflict between courts.

Cesan v Rivadavia (2008)

A case where a judge repeatedly fell asleep during the trial; the High Court ordered a retrial, demonstrating accountability through the appeals process.

High Court of Australia

The apex court vested appellate jurisdiction under section 73 of the Constitution. They are responsible for correcting lower court errors and upholding the rule of law.

Mallard Case (1994-2005)

In this case a wrongful conviction overturned by the High Court, leading to the creation of the WA Court of Criminal Appeal. This was an example of reform through accouability

Special Leave to Appeal

Outlines that there is permission required before a case can be heard by the High Court. This limits accessibility and openness due to cost and strict criteria.

Ratio Decidendi

The legal reasoning behind a judicial decision, forming binding precedent and promoting openness through publication and review.

External Accountability Mechanisms

Oversight mechanisms outside the judiciary that promote transparency and control, such as the Constitution and parliament.

Australian Constitution

The founding legal document establishing the court system and setting constitutional limits and accountability measures for judges.

Section 71

Vests judicial power in the High Court and other federal colours established by Parliament.

Section 72

Outlines appointment, tenure (retirement at 70), and removal of federal judges for proven misconduct or incapacity.

Justice Angelo Vasta

Queensland Supreme Court justice who was removed by parliament for misconduct under section 72 in 1989, demonstrating external accountability in practice.

Parliamentary Sovereignty

The principle that Parliament can override or amend common law and restrict judicial discretion, ensuring democratic accountability of the judiciary.

Mabo v QLD (1992)

Landmark High Court case abolishing terra nullius and recognising native title under common law.

Wik (1998)

A High Court case extending native title to pastoral leases.

Native Title Amendment Act (1999)

Howard Government legislation that restricted native title claims, demonstrating parliamentary oversight of the courts.

Mandatory Sentencing Laws

Legislation that limits judicial discretion in sentencing, introduced in response to public pressure for tougher penalties.

Natural Justice

Legal principles ensuring fair treatment in judicial processes, including openness, impartiality, and access to justice

Presumption of Innocence

The principle that an accused person is considered innocent until proven guilty beyond reasonable doubt.

Impartial Adjudicator

Requirement that judges or magistrates must remain neutral and unbiased in their decision-making.

Right to a Fair Hearing

Guarantees individuals the opportunity to present evidence and arguments before an impartial court.

Open Justice Principle

The expectation that court proceedings are open to public and media to promote transparency and confidence.

Closed Court Proceedings

Situations where courts restrict public acess (e.g. child abuse or high-profile cases) to protect victims and ensure justice

Extent of Accountability

The degree to which the court system is held answerable through effective internal and external mechanisms.

Strengths of Accountability

Appeals process, publication of reasoning, constitutional safeguards, parliamentary oversight, and natural justice.

Limits of Accountability

High Costs, limited access to High Court appeals, some closed trials, and need to preserve independence.

Overall Evaluation

The Australian court system is open and accountable to a large extent through internal and external mechanisms despite some necessary limits to protect fairness and independence.