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Record Nr. |
UNINA9910818997003321 |
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Autore |
Lee H. P. <1947-> |
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Titolo |
The Australian judiciary / / H P Lee, Enid Campbell [[electronic resource]] |
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Pubbl/distr/stampa |
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Cambridge : , : Cambridge University Press, , 2013 |
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ISBN |
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1-107-30107-6 |
1-107-23338-0 |
1-107-30615-9 |
1-107-30540-3 |
1-107-31390-2 |
1-107-30835-6 |
1-139-02843-X |
1-299-25713-5 |
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Edizione |
[Second edition.] |
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Descrizione fisica |
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1 online resource (xlviii, 373 pages) : digital, PDF file(s) |
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Classificazione |
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Disciplina |
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Soggetti |
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Justice, Administration of - Australia |
Courts - Australia |
Judges - Australia |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Title from publisher's bibliographic system (viewed on 05 Oct 2015). |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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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 |
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 |
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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 |
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 |
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 |
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 |
Who should decide if a judge is disqualified? |
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Sommario/riassunto |
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The second edition of H. P. Lee's The Australian Judiciary provides a timely update to this seminal text. The only definitive survey of the entire Australian judiciary, this text describes and evaluates the work, techniques, problems and the future of the different tiers of courts and judges. It discusses the role of the judiciary as the third sector of government and analyses and comments on judicial conduct, judicial independence and impartiality, the work of judges beyond the courts, the accountability of judges and the dangers to judicial institutions. It is an excellent reference work which will appeal to legal scholars and practitioners throughout Australia and internationally. |
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