- The Oxford Handbook of the Australian Constitution
- Foreword
- Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- Introduction
- First Peoples
- Settlement
- Federation
- Independence
- Evolution
- Ideas
- Rule of Law
- Common Law
- Unwritten Rules
- International Law
- Comparative Constitutional Law
- State Constitutions
- Legitimacy
- Citizenship
- Constitutionalism
- Republicanism
- Unity
- Australia in the International Order
- Authority of the High Court of Australia
- Judicial Reasoning
- Standards of Review in Constitutional Review of Legislation
- Justiciability
- Techniques of Adjudication
- Parliaments
- Executives
- Separation of Legislative and Executive Power
- The Judicature
- The Separation of Judicial Power
- The Constitutionalization of Administrative Law
- Design
- Power
- Money
- Co-Operative Federalism
- The Passage Towards Economic Union in Australia’s Federation
- The Federal Principle
- Federal Jurisdiction
- Rights Protection in Australia
- Due Process
- Expression
- Political Participation
- Property
- Religion
- Equality
- Legality
- Index
Abstract and Keywords
This chapter analyses the Australian judicature as a whole, as well as the individual courts that comprise it. It begins with a survey of the development of the common law conception of a court. The chapter next identifies four characteristics that have emerged as central to the definition of a court. These are: decisional independence and impartiality, the provision of procedural fairness, the dispensation of justice in open court, and the provision of reasons for decisions. Here, the evolution of the modern conception of a court reveals an apparent paradox from which the modern institution derives its strength, purpose, and identity: a sovereign's courts are independent of that sovereign.
Keywords: judicature, Australian judicature, common law courts, decisional independence, impartiality, procedural fairness, dispensation of justice, modern conception of a court, sovereign's courts
Nicholas Owens is a barrister at Fifth Floor St James.
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- The Oxford Handbook of the Australian Constitution
- Foreword
- Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- Introduction
- First Peoples
- Settlement
- Federation
- Independence
- Evolution
- Ideas
- Rule of Law
- Common Law
- Unwritten Rules
- International Law
- Comparative Constitutional Law
- State Constitutions
- Legitimacy
- Citizenship
- Constitutionalism
- Republicanism
- Unity
- Australia in the International Order
- Authority of the High Court of Australia
- Judicial Reasoning
- Standards of Review in Constitutional Review of Legislation
- Justiciability
- Techniques of Adjudication
- Parliaments
- Executives
- Separation of Legislative and Executive Power
- The Judicature
- The Separation of Judicial Power
- The Constitutionalization of Administrative Law
- Design
- Power
- Money
- Co-Operative Federalism
- The Passage Towards Economic Union in Australia’s Federation
- The Federal Principle
- Federal Jurisdiction
- Rights Protection in Australia
- Due Process
- Expression
- Political Participation
- Property
- Religion
- Equality
- Legality
- Index