LAW5652 The judiciary in comparative perspective
Faculty of Law
LAW5652 The judiciary in comparative perspective is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2020. It needs LAW5000, LAW5081 or LAW5004.
- Credit points
- 6
- Offered in 2020
- Not offered
- Assessment
- Exam 30%
- and 2 other tasks
This is the 2020 handbook entry. See the 2022 entry.
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Requisites
Before LAW5652
After LAW5652
No unit lists LAW5652 as a prerequisite in the 2020 handbook.
Overview
The contents of the unit will be varied depending on topical issues pertaining to the judiciary as they arise from time to time. But it would include many if not all of the following:
The Judiciary as a branch of government. This will entail an exploration of the concept of judicial
independence and its interrelationship with the doctrine of separation of powers. It will focus on the
standards for judicial independence as prescribed by international instruments. The relationship with other
branches of government will be analysed.
Appointment of Judges and Conditions of Service This topic will examine on a comparative basis judicial
appointment processes and the criteria for judicial appointment. The implications of appointing acting,
reserve and part-time judges, the conditions of service, judicial education and disputes about entitlements
to hold and exercise judicial office.
Removal, Suspension and Discipline of Judges What constitutes 'judicial misbehaviour'? A study of removal
mechanisms from various jurisdictions and the grounds for removal from judicial office. The constitutional
dimensions of suspension of judges. Mechanisms to deal with complaints against judges with particular
attention to the Judicial Officers Act 1986 (NSW).
Judicial Officers and the Rule Against Bias Disqualification of judges and recusals. Public Interest and
Private Interest and Codes of Ethics. The involvement of judges in extra-curial activities will be considered,
especially conducting commissions and committees of inquiry.
Modes of Protecting the Judicial Institution A general consideration of contempt of court and attacks on
the judiciary. Criticism of the judiciary and the proper limits. Offences relating to the administration of
justice. The scope of judicial immunities. Parliamentary conventions relating to the judiciary.
Judicial Accountability The concept of accountability. Meaning of 'open' court. A duty to give reasons;
appeals and reviews. The relationship between the courts and the media. Judicial involvement in public
controversies.
Offerings in 2020
The 2020 handbook lists no offerings for LAW5652.
Assessment
- Participation10%
- Take home exam30%
- Assignment60%
Learning outcomes
When you finish this unit, you should be able to:
- 1
Critically analyse and extract the fundamental notions of judicial independence, judicial integrity,judicial impartiality and judicial accountability, with particular reference to international norms and comparative guidelines;
- 2
Demonstrate an ability to recognise, reflect and summarise upon ethical issues and contemporary challenges relating to the Australian judiciary from a comparative perspective;
- 3
Engage in critical analysis and practice making reasoned choices pertaining to dilemmas confronting judicial officers;
- 4
Discover, research, evaluate, elucidate and synthesis contemporary constitutional, legal and policy issues concerning the Australian judiciary;
- 5
Express and communicate effectively, appropriately and persuasively on issues pertaining to the judiciary from a comparative perspective;
- 6
Develop the skills and requirements to be able to learn and work with autonomy, independence and professionalism.
Workload and teaching
36 hours total (9 hours per week)
Contacts
- Chief Examiners
- Emeritus Professor Hoong Lee