LAW1112 Chapter Notes - Chapter 6: Communist Party Of Australia, Judiciary Act 1903, Privy Council Of The United Kingdom
Document Summary
Chapter 6 - the courts and judicial power. Judicial branch of government comprises of the system of courts and the judges appointed to these courts. Functions include interpreting laws and deciding how to apply them in particular cases but as any other branch of government the powers of the judicial system is conferred and constrained. Judicial independence and the role of a court. Independent judiciary can help to ensure that those entrusted with public power exercise that power in accordance with the law and not their own arbitrary wishes. Essential element of rule of law: blackstone wrote that if judicial power was joined with the legislative then the life, liberty and property of the subject would be in the hands of arbitrary judges. Their opinions would be regulated by their own opinion and not by fundamental principles of law. If the judicial was to be joined with the executive, then the union may become an overbalance for the legislature.