ATS1282 Study Guide - Final Guide: Judicial Activism, Legal Education, Meritocracy
6 Dec 2018
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Document Summary
Impartiality in the judicial context includes such things as: Judges preside over two parties seeking judgment: in doing so, they put aside their own views, prejudices, and personal opinions and feelings to take on a strictly legal adjudication role. Judges are meant to play by legal rules: they must follow precedents and the guiding principles of the law per se. If they do not do so, then institutionally there are mechanisms, such as the courts of appeal, designed to rein in any wandering from the prescribed legal route. It is the state that defines the judiciary in terms of its functions, powers and goals. Example: situation when the government reorganises the institutions of the courts, as in the case of shifting the. The question of the independence of the judiciary from political interference becomes an issue when, in the course of a supposed organisational change, certain judges are neither reappointed nor reassigned within the legal system.
