LAW5652 The judiciary in comparative perspective

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.