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Category Archives: Australia

Chief Justice on ‘unelected’ judges

Wednesday, September 2, 2009

AUSTRALIA – Chief Justice Robert French recently spoke on the issue of judicial elections and commented on debate in Australia about the level of power given to ‘unelected’ judges. As the title of his speech suggested (“In Praise of Unelected Judges”), the Chief Justice revealed a reasoned preference for the present Australian system for the [...]

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AMC unconstitutional

Sunday, August 30, 2009

AUSTRALIA – The High Court rules, in Lane v Morrison, that the recently established Australian Military Court is unconstitutional because Parliament had given the body attributes (namely, being a “court of record”) incompatible with the exercise of “judicial power” under Chapter III of the Constitution.
There was no dispute that the AMC statute did not comply [...]

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