Question

describe the role of judiciary

Answer 1

Separation of Powers

As a British colony, Australia adopted

England’s legal codes and principles.

Therefore, we operate under the

Westminster system which embraces the

doctrine of the Separation of Powers. The

judiciary is one of the three branches

of government, the other two being the

parliament or the Legislature and the

Executive government, which is made

up of the Governor, the Premier and

Ministers. The role of parliament is to

make the laws, the Executive government

carries out and enforces the laws, and the

judiciary applies the laws in individual

cases. Each branch of government has

its own powers and authority and each

branch exercises some power over the

other two branches, but no single arm has

more authority than another. Under the

doctrine of the separation of powers the

judiciary must remain independent from the other

two branches of government. This independence

is seen as a vital safeguard against corruption

and a cornerstone of democracy. By necessity the

functions of the parliament and the Executive

overlap, but the judiciary remains independent of

both the parliament and the Executive.

Independence of the Judiciary

Two safeguards exist to protect the independence

of judges and magistrates: the way they are

appointed and their system of tenure. The

Governor-in-Council – that is, the Governor in

consultation with government ministers – on the

advice of the Attorney-General appoints judges and

magistrates1

, who have constitutionally guaranteed

tenure. This means that unless they choose to

retire earlier, judges continue in office until they

are 70 and magistrates until they are 65. They can

only be removed from office by the Governor if the

Parliament accepts a duly constituted tribunal’s

finding of proven misbehaviour or incapacity.

Judges and magistrates cannot be removed from

office simply because a government disagrees with

their rulings.

Different Types of Courts

In Australia, we have federal as well as state and

territory courts. The state courts hear the vast

majority of matters, from neighbourhood disputes

to murder. The federal courts deal with matters not

covered by state law.

The High Court of Australia is the highest of all

courts, and hears original matters as well as

appeals from lower courts. There is also the

Federal Court of Australia, the Family Court of

Australia and the Federal Magistrates Court of

Australia. Generally, the federal courts hear

matters relating to corporations, trade practices,

industrial relations, bankruptcy, customs,

immigration and other areas of federal law as well

as matters relating to family law. Each state and territory has a court

hierarchy including a magistrates court,

District Court and Supreme Court. These

courts hear civil and criminal matters of

increasing seriousness.

The Magistrates Court may deal with

a matter in its entirety, in which case

the magistrate makes all decisions and

judgments. Magistrates trials do not use a

jury system. The magistrate may decide

that a matter should go to a higher court

for trial and whether that should be the

District or Supreme Court. The Magistrates

Court may hear civil matters if the amount

in dispute is less than $150,000.

The District Court deals with more serious

criminal matters such as rape, armed

robbery and fraud, and civil matters where

the amount in dispute is greater than

$150,000 but less than $750,000. District

Court criminal trials are conducted before

a jury (though there is capacity for Judge

only trial in certain circumstances). The

Planning and Environment Court, which

is a division of the District Court, hears

disputes arising over

land development.

The Supreme Court hears serious criminal

matters such as murder, manslaughter and

serious drug offences, and civil matters

where the amount in dispute is greater

than $750,000. Its Court of Appeal division

hears appeals from the Trial Division of

the Supreme Court, the District Court and

the Magistrates Court. All Supreme Court

criminal trials are heard before a jury

(save in some cases where Judge only trial

may occur). The Court of Appeal generally

sits as a panel of three judges.

Answer 2

it is the branches of government which administers justice acc. to law ...our judicial system is a key accept of our Democratic way of life.....it upholds peace,order and good government.citizens look at to judiciary to uphold their rights and government look to the courts to interpret laws......