judicial independence

Judicial independence

institutions that interpreted and enforce law are sufficiently free from other gov branches influence or corporate

Aus upholds

minimum standard for judicial review
inconvenient judgements for gov
hard judge removal s72
contempt

Aus minimum standard for judicial review

s157: parliament thesis decreased judicial review

Aus inconvenient judgements for gov

e.g. HCs strict interpretation of S44 as must not be at point of nomination is inconvenient for gov. Deputy PM Joyce 2017.

Aus contempt

e.g. Hinch: breached non- publication order by publishing about criminal history of a man convicted of rape and murder. undermined administration of justice

Aus hard judge removal

s72 of constitution- v difficult. only 1- Vasta for undermining judicial impartiality and public confidence. Also

Aus undermines

long term gov= puppet court.
mandatory sentences

aus long term gov= puppet court

more time gov in

aus mandatory sentencing

gov can reduce judicial discretion by implementing minimum sentences.
e.g. criminal code amendment act 2009 wa

US upholds list

hard to remove
marbury v maddison

us marbury v maddison

gave sc undisputed power to interpret constiution

us hard to remove

via impeachment. SC never removed

US undermines list

partisan appointments
partisan splits on hearings
reducing judicial discretion

us partisan appointments

Timed retirement politicizes the SC.
e.g. MacDonnell believes his greatest achievement is manipulating system to appoint republican judges.
during obamas term

us partisan split on SC hearings

last 20 years

reducing judicial discretion

quotas given for satisfactory employment evaluation to immigration judges= pressure to make rulings without time to properly assess each case- forced rejections