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Odgers' Australian Senate Practice Thirteenth Edition

Chapter 20 - Relations with the judiciary

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A significant feature of the Australian Constitution, and one which is essential for good government, is that the judicial function is separated from the legislative and executive functions, and the judicial power is vested in independent judges with security of tenure.

The Constitution provides for federal courts not only to interpret and apply the law in determining issues between governments and persons and between persons, but, by interpreting and applying the Constitution to such issues, thereby to determine the lawfulness of the actions of the legislative and executive branches of government. It is therefore doubly important that the judges have complete independence from the other two branches. The Constitution seeks to safeguard that independence by its provisions for the appointment and removal of federal judges.

Appointment and removal of judges

Constitutional questions

Inquiries into conduct of a judge

Other aspects of relations with the judiciary

Scrutiny of judicial administration