LLB104 Study Guide - Final Guide: Judicial Activism, Secondary Source, Communitarianism
Document Summary
Getting to the rule of law (vol 50, 2011) 64-104. The rule of law: foundation of constitutional democracy , 1988. Government authority must be exercised only in accordance with written, publicly disclosed laws that are made and enforced in accordance with established procedure. The constitutions of the states do not entrench the separation of powers. Highest members of executive branch (ministers) are drawn from legislature (parliament) Judges on australian courts, whether federal or state, are appointed by the executive (governor-general) Current process is custom-based not legally mandated. Appointment by executive following formal and public consultation processes; Appointment by an independent commission for judicial appointments; Section 72 limits the conflict of interests that could occur to ensure an independent judiciary. Freedom of information (foi) rights to information laws. Administrative review appeals= conducts a merits review of particular executive decisions. Ombudsman = investigates complaints from people regarding particular decisions by a.
