LAW115 Lecture Notes - Lecture 8: Federal Circuit Court Of Australia, Montesquieu
29 Jun 2018
School
Course
Professor
LAW115 LECTURE 7/5/18
WK9: THE JUDICATURE
SEPARATION OF POWERS
-Judicature: the body of judges within a court system, also referred to as the
judiciary.
-Chapter III of the Constitution is devoted to ‘the Judicature’ and vests the judicial
power of the Commonwealth in the High Court of Australia, and other courts with
federal jurisdiction (as per s 71).
-The vesting of ‘judicial power’ by statute is what distinguishes a court (or tribunal)
from another body; the power to adjudicate disputes according to the law.
-Judges embody the authority of the court.
-Lawyers ‘assist the court’ in their deliberations by setting forth their client’s case
(relevant facts, applicable law, tentative conclusions).
JUDICIAL INDEPENDENCE
-Of ‘judicial virtues’, The Hon J J Spiegelman AC proclaimed that ‘the judicial virtues of
independence, integrity and impartiality are requirements of the rule of law’
-In ‘The Spirit of Laws’ Baron de Montesquieu wrote that ‘the independence of the
judiciary has to be real, and not apparent merely’
-Judges have security of tenure, so that they cannot be removed from their position if
their positions are unpopular (with the government of the day or the people). They
also receive fixed salaries, so that their income is not affected by the government’s
views.
JURISDICTION
For a court to make a lawful determination, it must first have jurisdiction to hear a matter.
For example;
oOriginal Jurisdiction
oAppellate Jurisdiction
oCivil Jurisdiction
oCriminal Jurisdiction
oState Jurisdiction
oFederal Jurisdiction
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Document Summary
Judicature: the body of judges within a court system, also referred to as the judiciary. Chapter iii of the constitution is devoted to the judicature" and vests the judicial power of the commonwealth in the high court of australia, and other courts with federal jurisdiction (as per s 71). The vesting of judicial power" by statute is what distinguishes a court (or tribunal) from another body; the power to adjudicate disputes according to the law. Lawyers assist the court" in their deliberations by setting forth their client"s case (relevant facts, applicable law, tentative conclusions). Of judicial virtues", the hon j j spiegelman ac proclaimed that the judicial virtues of independence, integrity and impartiality are requirements of the rule of law". In the spirit of laws" baron de montesquieu wrote that the independence of the judiciary has to be real, and not apparent merely".
