Separation of Judiciary

Separation of Judiciary

• Look at topic 3 s71 and s 72 in the study break, was stated in outline s71 because s 72 is incredibly long. S 71 is the main focus today is the judicial power of Cwlth is to be vested by the HC or Federal Courts or in such other courts for the jurisdictions; but also State Courts

• S71CC Judicial Power of the Cwlth----->HC, Federal Courts ‘such other courts'=State Courts

• Subject to this constitution means that this will be subjected to chapter 3 ( may be to refugees law or what else', conferring powers to chapter 3, s71 is the key provision for that; s72 relates to the appointment of tenure and remuneration of others

• Looking into detail, can have recent amendments relate to …retiring…If we look at HC created by the Parliaments; if we are talking about federal courts we are talking how the judges are being appointed by the council; have some security of tenure; and also talks about remuneration not being able to mean to be reduced likewise CJ.. What is the point of that? undue influence ; we have to keep judges independent; what Federal Judges protection have is not to be represented in State level; not going to be subjected to s72; judges are elected but not appointed; we have millions of dollars on campaign; we have our judges being appointed certainly no a political process to certain degree in particular views.

• Look at the key principles to be thought of when focusing on

Federal Courts

• The judicial power of the Cwlth can only be given to a chapter 3 court; The judicial power is to be vested in HC as vested in the jurisdiction and these are the only bodies that about which can contemplate… for that jurisdiction; confer on Chapter 3 Court( those which are mentioned in s71) referring to Federal Court; we know that this refer to such other court as stated in State Court; s71 is exhausted in which body can exercise Cwlth judicial power.

• The related concept to that is much more