The Judiciary Is The Third Arm Of The Government

1076 Words Aug 29th, 2015 5 Pages
Judicial independence

The judiciary is the third arm of the government in the Australian constitution, along with the legislature and executive. To fulfill its constitutional function the judiciary is required to be independent and accountable.
The concept of judicial independence insurances that not only the judiciary as an institution but also to the individual judges are free from influence of the other two branches of power. It means that judges should be ‘subject to no authority but the law’ when making judicial decisions.

As former Chief Justice Sir Gerard Brennan has said, ‘[t]he first role of the judge is to preside and to hear’ – to be informed about the material required for judgment and dispassionately to make findings of fact and to apply the law.

In order to maintain independence judges should be free from any external or internal impact.
External factors such as pressure from other governmental institutions or the media should not intrigue the decision making process, nor should judges be influenced by opinions of other colleagues or its own individual preferences and prejudices.

To keep the judiciary independent, legal and institutional measures are build into the system to guarantee that judges are free from personal and collective impacts. Security of tenure for example is such a measure, as it ensures that judges can exercise their judicial function without fear or favor. Furthermore judges are paid an adequate salary in order to restrain them from…
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