Independence of the judiciary in Australia Essay Example for Free

Independence of the judiciary in Australia Essay To understand the expression the independence of the judiciary you first must understand what is meant my judiciary. The judicature is: The judicial power of the commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a chief justice and so many other justices, not less than two, as the Parliament describes. Using this definition contained in the Australian Constitution, the expression the independence of the judiciary to my understanding refers only to independence in making decisions in court cases. It means that in making such decisions a judge must be individually independent and free from pressures which could influence a judge in reaching a decision in a case other then by intellect and conscience based on a genuine assessment of the evidence and an honest application of the law . The independence of the judiciary also incorporates that the judiciary is totally isolated from the other branches of the government these branches being the executive and legislative arms which make up the separation of powers as outlined in the Australian Constitution. Judicial independence is of the utmost importance to our judicial system, and to our system of government, because without judicial independence they become useless institutions. The importance of an independent judiciary is to maintain the rule of law, the rule of law being the principle that no member of society is above the law, every member of society is bound by the law, and everyone is equal before the law. The International Covenant on Civil and Political Rights (ICCPR) states the fundamental rights that every human being is entitled to and includes rights referred to in the section, Procedural Guarantees in Civil and Criminal Trials . Article 14 (1) states:All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial  tribunal established by lawThe appointment of a judicial branch of government, as outlined in the Australian Constitution and the guarantee that it is completely separate and independent of the other branches, represents the main way by which most states seek to adhere with the principles contained in the previously stated provision of the ICCPR. As Sir Anthony Mason said:The separation of judicial power is not only protection against the exercise of arbitrary power, but it also assists in maintaining the independence of the judiciary and contributes to public confidence in the administration of justice. This statement highlights the importance in ensuring that the judicial power remains separate to ensure that the public can have confidence in the application of the judicial process. Public perception of judicial impartiality is the essence of judicial independence. The independence of the judiciary can be threatened in Australia because total separation of the judicial power is near impossible in the real world. In many countries, including Australia, the Executive Government appoints judges and. this may be seen to threaten the independence of the judiciary. The executive can affect the judicial through the manner in which it seeks to exercise its power of judicial appointments. By exercising this power the executive can shape the future directions in judicial interpretation, especially by a court which has the task of constitutional interpretation, such as the High Court of Australia. This was seen in the request of Deputy Prime Minister Tim Fischer for appointment of Capital C conservative judges in the wake of the Wik decision. The Constitution says that the separation of power is divided between the three arms of government so there can be a system of checks and balances in place to ensure the power of the other two is being exercised in accordance with their outlined role. But can we really have a complete separation of power, when the Prime Minister works within the Executive and Judicial arms of government. However the independence of the judiciary is put to the test when it comes to judges being guided by their understanding of the law, the facts of the case and the pull of conscience to a judgement which is opposed to what the other branches of the government may want. As Kirby CJ highlighted the High Court of Australia has on a number of occasions, over the past 100 years upheld the Constitution and has made judgements which have gone against the principles of the elected Governments and Parliaments. In 1948 it struck down the nationalisation of the private banks . In 1951, it declared unconstitutional an attempt to dissolve the communist party and to deprive communists of basic rights . In 1992 it overturned much earlier law to uphold the rights of Australias indigenous people in their land . In 1996 it held that such rights were not necessarily extinguished by the grant of pastoral leases which cover about half of the land of the Australian continent . These court decisions show that judicial independence has not been threatened in Australia over the last 100 years. The above decisions would be highly unlikely in a country where judicial independence was not guaranteed by the letter of the Constitution. A Privy Council case which dealt with separation of arbitrary and judicial powers was the Boilmakers Case (1956) . The High Court held that it was unconstitutional for the Commonwealth Court of Conciliation and Arbitration to be vested with both arbitral and judicial powers because of the acceptance in the Constitution of the separation of legislative and judicial powers . As a result, the Conciliation and Arbitration Act 1904 was amended to establish two separate bodies. From 15 August 1955 to 2 March 1956 a Full Court of the High Court of Australia, heard an application by the Boilermakers Society for a writ of prohibition on the grounds that the exercise of the earlier orders was . . . contrary and repugnant to the provisions of the Constitution of the Commonwealth and, in particular, Chap. III thereof.The application was  upheld by a majority of the Court. The decision was also affirmed in an appeal to the Privy Council. This case set a precedent that the Parliament cannot invest Ch III courts and/or judges with non-judicial power, which further instates that independence of the judiciary within Australia. A further Case which also highlights that the independence of the judiciary is not threatened in Australia is the case Brandy v Human Rights and Equal Opportunity Commission (HREOC) [1995] . This case reinforced that the HREOC was not originally given the power or authority to enforce its judgements, as it was not a court in accordance with Ch III of the Australian Constitution. If the judgement was to be legally enforced upon the respondent then the matter would have to be heard in the Federal Court. The court held that it was an invalid exercise of judicial powers by the HREOC, which highlights that the independence of the judiciary is being upheld within Australia. Sir Ninian Stephen observed that an independent judiciary, although formidable protector of individual liberty is at the same time a very venerable institution, a fragile bastion indeed . In 1989 he was of the view that judicial independence was still flourishing in Australia. A year later, Sir Daryl Dawson was confident that it was alive and well. Judicial independence does not mean that judges are not accountable for their decisions and judgements. Judges are just as accountable as the executive and legislative arms of government just in a different way. This was highlighted in a paper prepared in 1998 for the New South Wales Parliament on Judicial Accountability, the author noted that Australia has important procedures operating to make the judiciary accountable to the community, these procedures are informal measures; judges are obliged to hear argument from both parties; judges are obliged to conduct hearings in public, which makes them more accountable; judges must give reasons fortheir decisions; and their judgements are subject to appeal. There are a number of ways in which the independence of the judiciary is maintained within Australia. These include, most significantly, the provisions in the Australian Constitution guaranteeing security of tenure and fixed remuneration for federal judges and magistrates. Chapter III of the Constitution outlines in s72 that:(i)shall be appointed by the Governor- General in Council;(ii)Shall not be removed except by the Governor- General in Council on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity. (iii)Shall receive such remuneration as the parliament may fix; but the remuneration shall not be dismissed during their continuance in office. These protections are intended to ensure members of the judiciary may carry out their functions without fear or favour, in accordance with their oath of office. To further cement its independence in relation to the Government and in relation to Parliament S 71 of the Constitution which states shall be vested means that the High Court cannot be eliminated by Parliament. Section 72(ii) means that the Government cannot remove a judge except by persuading Parliament that there is proved misbehaviour or incapacity. Section 72(iii) is to make sure that the Government or Parliament cannot punish a judge financially for decisions it does not like. The independence of the judiciary is necessary to the rule of law, to ensure that the Government itself acts in accordance with the law. For the Independence of the judiciary to remain strong within Australia public confidence is essential. It is important that the judiciary be, and be seen to be independent. From the cases above and decisions made by the High Court it can be seen that judicial independence is still flourishing  within Australia and will continue to flourish if the judiciary can secure and preserve the confidence of the public. Bibiliography 1. Journal Articles/Books/ReportsBooks-Elizabeth Ellis, Principles and Practice of Australian Law (2nd Edition 2009)-Enid Campbell and H.P Lee, The Australian Judiciary-Christopher Enright, Federal Administrative Law2. Cases:- R v Kirby; Ex parte Boilermakers Society of Australia (1955-56) 94 CLR 254- Wik Peoples v Queensland (1996) 187 CLR 1- Bank of New South Wales v The Commonwealth (1948) 76 CLR 1- Australian Communist Party v The Commonwealth (1951) 83 CLR 1- Mabo v Queensland [No 2] (1992) 175 CLR 1- Brandy v HREOC [1995] 183 CLR 245; 127 ALR 13. Legislation:- International Convention on Civil and Political Rights, Art 14- The Australian Constitution4. Other- John Kilcillen, The Australian constitution: First Reading Macquarie University 2004- Kirby, Michael Justice, International Bar Association Human Rights Institute, Independence of the Judiciary 12-14th June 1998- A Lamer, The Rule of Law and Judicial Independence: Protecting Core Values in Times of Change (1996) 25 Monash University Law Review 209- General Jeffer Michael, The Opening of the Judicial Conference of Australia Colloquium, 6th October 2006

The History of the Holocaust Essay -- World History

Adolf Hitler said â€Å"I believe that I am acting in the accordance with the will of the all Mighty Creator, by defending myself against the Jew, I am fighting for the work of the lord.† This is how he rationalized his malicious acts against the Jewish people in Germany. A horrendous act that would later become known as the Holocaust. The first act toward the holocaust was on January 30th, 1933, when Adolf Hitler became chancellor of Germany. Paul Von Hindenberg, the current president of Germany, did his best to keep Hitler out of office, but in the end it wasn’t enough. At that time the Jewish population in Germany was approximately 566,000 people. From that point on things only went down hill for the Jews in Germany. Just a few months after Hitler became chancellor and a mere week after he became the dictator he passed a law ordering a boycott on all Jewish banks, shops, offices, and department stores that would take effect on April 1st, 1933. Then on September 15th, 1935 Hitler passed a series of laws that came to be known as the Nuremberg Laws. The first of these laws was put in place to protect the honor and blood line of the German people. It stated that no Jew would be allowed to marry or participate in marital intercourse with anyone that was not of the same race. The second law robbed the Jewish people of their citizenship. Kristallnacht, also known as the Night of Broken Glass, was a series of attacks on the Jewish people by the Nazi soldiers on the nights of November 9th and 10th, 1938. Nazi soldiers attacked Jewish homes and destroyed their businesses, not to mention the more that 200 synagogues that were burned to the ground. Nearly 100 Jewish people were murdered and approximately 200,000 were sent to concentrat... ...nihilate all the Jews in Germany. Instead Hitler ultimately left us with a lesson to be learned from his narrow minded vision. That lesson is simply this "We are all different; because of that, each of us has something different and special to offer and each and every one of us can make a difference by not being indifferent" Henry Friedman Chairman. Works Cited ïÆ' ¼ N.p., n.d. Web. 22 Mar 2015. . ïÆ' ¼ N.p., n.d. Web. march 15 2015. . ïÆ' ¼ N.p., n.d. Web. 22 Mar 2015. . ïÆ' ¼ Hill, Jeff. the holocaust. Print ïÆ' ¼ N.p., n.d. Web. 22 Mar 2015. . ïÆ' ¼ N.p., n.d. Web. 22 Mar 2015. . ïÆ' ¼ N.p., n.d. Web. 22 Mar 2015. .

Responsibilities of a team leader Essay

Four responsibilities of a team leader in our organization: 1. Food alert files (Health and Safety, Food and Safety). First of all, to make sure that all work environment is safe for employees and customers. Second, to check if all departments are providing good Food alert standards set by government at work place. As well, to make sure that all legally required documents would be up to date. 2. Communication. All team leaders constantly need to be in good communicational skills, if you want to run successful business. Everyday you have to communicate with Head office as well as other restaurants, to know what’s happening in all company, using phones or e-mails. And don’t forget to pass important news for team members. Inside the house, usually, Managers team is communicating though the LogBook, and with team members during briefing times before sifts. 3. Motivation is the driving force, which help courses us to achieve goals. Leaders using motivation will satisfy individual needs and team will have inspiration to complete the tasks. It’s very important point in running business. Depending on how motivated teams are, it may further determine the effort they put into their work and therefore increase the standard of the output. 4. Presenting good example and standards or the company. Team Leader always needs to be as example how to act at work, and that other team members would be able to take some experience. If everyone will represent good company standards and will look after the customers well, they will not only think well of the team but also of the company in general. Two examples of the problems you would need to refer to someone with more authority: 1. Racism. It is illegal to discriminate against anyone of the grounds of their race. If it would happen in work place, management team needs to investigate. Just GM or Head office member has authority to take action on  such a complaint. 2. Reconstruction. Every business has yearly budgets, if someone wants to reconstruct the building outside or inside it has to be approved by GM. Feedback on own performance Collected feedback to identify one of my strengths as a team leader and one area for improvement: †¢ Strength – Organized team supporter. Always supporting team and showing organizational skills. †¢ Area for improvement: rudeness, toughness. Sometimes, choosing wrong way of speaking + plus very demanding on the things to be done. Establishing trust One thing to describe what you can do to establish and maintain trust within the team you lead: Respect for others. One of the most important points to work on. If it will be trust and understanding in the team, there will be respect and good atmosphere for work, witch will course business to run smooth. To maintain trust you have to work on couple of following points: †¢ Time- set aside time to be with these people, work with them, talk with them and even play with them. In the end you will gradually start to realize that there personality or point of view aren’t that hard to get along with after all. †¢ Patience – The truth is that the best people, the smartest people and the most successful people take a good long look at other people and express empathy and selflessness towards the people they associate with. †¢ Listening- always to have time to listen for the others, to step aside and to take a look at their opinion. Maybe some examples can be even better then yours. †¢ Laughing- it’s one of the important points, to build the team, not just to be a working robots. With the laugh in the teamwork will run perfectly, plus good relaxed atmosphere. †¢ Honesty- if you will be honest with them, they will be the same with you.

The Marketing Plan - 5383 Words

The Marketing Plan Developing a Marketing plan As with any business venture, your entry into international markets should be well planned. A detailed marketing plan should be developed to provide a blueprint for your marketing activities. Whether you are a small family run attraction or an international airline, the principles for a marketing plan are the same. The purpose of marketing is to match the right product to the right market, providing an optimum return on investment. It is more than just advertising. Essentially there are four elements (the four P’s) of marketing: product, price, place and promotion. A good marketing plan incorporates a combination of these elements. Writing a marketing plan is one of the most important†¦show more content†¦Understanding your consumer target markets will guide the development of your product, how you price your product in the marketplace, where you offer your product for sale and how you promote your product to consumers. Consumer characteristics such as age, socio economic background, lifestyle choices and personal values, as well as identification of their key needs, will further define those consumers who may be interested in your product. Targeting particular countries or market segments enables you to more effectively tailor your product and your marketing and promotional activities. Many travel and tourism products make the mistake of trying to appeal to all markets and all people. When dealing in the international markets, it is impossible to be all things to all people. Don’t try to enter every market at once, select your markets carefully and take the time to plan your approach. Plan your strategy carefully, allocating your resources to the most appropriate markets which will generate the greatest return. Consider the following points when selecting a target market and consumer segment: What does the consumer (or market) want? What can I provide to meet the consumer’s needs? 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