LEADER 05769nam 22007452 450 001 9910465653003321 005 20151005020622.0 010 $a1-107-30107-6 010 $a1-107-23338-0 010 $a1-107-30615-9 010 $a1-107-30540-3 010 $a1-107-31390-2 010 $a1-107-30835-6 010 $a1-139-02843-X 010 $a1-299-25713-5 035 $a(CKB)2560000000098584 035 $a(EBL)1113030 035 $a(OCoLC)828424587 035 $a(SSID)ssj0000781818 035 $a(PQKBManifestationID)11446841 035 $a(PQKBTitleCode)TC0000781818 035 $a(PQKBWorkID)10734148 035 $a(PQKB)11047432 035 $a(UkCbUP)CR9781139028431 035 $a(MiAaPQ)EBC1113030 035 $a(Au-PeEL)EBL1113030 035 $a(CaPaEBR)ebr10656317 035 $a(CaONFJC)MIL456963 035 $a(EXLCZ)992560000000098584 100 $a20141103d2013|||| uy| 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 14$aThe Australian judiciary /$fH P Lee, Enid Campbell$b[electronic resource] 205 $aSecond edition. 210 1$aCambridge :$cCambridge University Press,$d2013. 215 $a1 online resource (xlviii, 373 pages) $cdigital, PDF file(s) 300 $aTitle from publisher's bibliographic system (viewed on 05 Oct 2015). 311 $a0-521-76916-7 311 $a1-107-31170-5 320 $aIncludes bibliographical references and index. 327 $aCover; 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 327 $aFederal 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 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 327 $aMeaning 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 327 $aConstitutional 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 327 $aResignation 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 327 $aWho should decide if a judge is disqualified? 330 $aThe 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. 606 $aJustice, Administration of$zAustralia 606 $aCourts$zAustralia 606 $aJudges$zAustralia 615 0$aJustice, Administration of 615 0$aCourts 615 0$aJudges 676 $a347.94/01 700 $aLee$b H. P.$f1947-$01035231 702 $aCampbell$b Enid Mona$f1932- 801 0$bUkCbUP 801 1$bUkCbUP 906 $aBOOK 912 $a9910465653003321 996 $aThe Australian judiciary$92454820 997 $aUNINA