-2500 WORD (EXCLUDING REFERENCE) FORMAL HARVARD STYLE REFERENCED ESSAY
-TURNITIN PLAGIARISM REVIEWED
-ONLY FORMAL LITERATURE AND JOURNAL SOURCES TO BE REFERENCED (CREDIBLE ONLINE SOURCES)
TOPIC:
Critically assess whether a change in the Australian judicial appointments process would enhance (1) judicial independence and (2) judicial accountability.
If you argue in favour of change, what change do you recommend and why?
If you argue in favour of the status quo, provide reasons for that choice.
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MUST ANSWER ALL QUESTIONS (1) and (2) ASKED, AND ONE OF THE ‘IF’ STATEMENTS WITH REASONING
FORMAL INTRODUCTION / BODY OF ARGUMENTS / CONCLUSION / REFERENCE (LISTING)
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Readings for Week 6 (The Role of the Judiciary: Judicial Independence and Judicial Activism )(ppt lecture attached)
A M Gleeson (1999): “Legal Oil and Political Vinegar”, 10(2) Public Law Rev. 108-113 [eReserve 78162]
Raymond Finkelstein: (2006) “The Role of the Judge: Judicial Activism and the Rule of Law”, 9 (17) Flinders Journal of Law Reform 17-28 [eReserve 78164]
JJ Spigelman (2007): “Judicial Independence”, Law Society Journal (March) 60-63 [eReserve 78167]
G Brennan, (2008): “The Selection of Judges for Commonwealth Courts” in Walsh, K. (ed) Papers on Parliament No. 48: The Senate and Accountability. Departmentof the Senate, Parliament House. Canberra [eReserve 78168]
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Readings for Week 7 (Judicial Mechanisms of Accountability: Judicial Review)
Murray Gleeson (2006): “Outcome, Process and the Rule of Law”, 65(3) AustralianJournal of Public Administration 5-14 [eReserve 78169]
John McMillan (2001): “The Role of Judicial Review in Australian Administrative Law”, AIAL Forum No. 30, November 2001 [eReserve 78170 ]
Gerard Brennan (2002): “The Review of Commonwealth Administrative Power:Some Current Issues” in Robyn Creyke and Patrick Keyzer (eds.), The Brennan Legacy: Blowing in the Wind of Legal Orthodoxy. Federation Press. [eReserve 78257]
Administrative Review Council (2006): The Scope of Judicial Review (Report #47, April 2006) [eReserve 78181]
James Spigelman (2010): “Public Law and the Executive”, 9 (4) Australian J. of Public Administration 345-356 [eReserve 78182]
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