Hi Maddy! The Australian Constitution gives the Governor-General the power to appoint High Court of Australia judges. The Governor-General does this on the advice of the Australian Government. In practice, the Prime Minister—on the recommendation of the Attorney-General (the minister responsible for legal issues) and Cabinet—chooses the person to be appointed. The Attorney-General consults with the attorneys-general of state governments, and with senior judges and lawyers before a decision is made. There are no qualifications for High Court judges other than that they must be under the compulsory retirement age of 70 (section 72 of the Constitution). It is usual for High Court judges to have had long and distinguished legal careers before they are appointed.
 The High Court of Australia. DPS Auspic
DPS Auspic
The image shows a large semi circular desk atop a small raise at the end of the room. Seven figures in black (High Court judges) with papers in front of them sit at this long desk. In front of them on the floor is an opposite curved desk with many figures in black with many papers in front of them. Smaller desks sit in rows behind.
Parliamentary Education Office Top
There have been 13 Chief Justices and 42 Justices since the Court was established in 1903, including the current members of the Court. Three members of the Court – Sir Isaac Isaacs, Sir Ninian Stephen and Sir William Deane – resigned from the Court to become Governor-General. The current Justices of the High Court and the dates they were sworn in, are as follows: Appointment Under section 72 of the Constitution, Justices of the High Court:
How do I address a High Court Judge? (PDF) (RTF) More information about the Imperial and Australian honours system The judicial officers of the Supreme Court of Victoria are its judges, associate judges and judicial registrars. For a current list of our judiciary see our Judicial Organisational Chart. The past judges and associate judges page lists all past judicial officers dating back to 1852. JudgesJudges preside over court proceedings, either alone, as part of a panel or with a jury. Most importantly they are impartial decision-makers in the pursuit of justice. The judge provides an independent and impartial assessment of the facts and how the law applies to those facts. Their role is to interpret the law, assess the evidence and control how hearings and trials are conducted. How judges are appointedSupreme Court judges are appointed by the Governor of Victoria upon recommendation by the Attorney-General after consultation with the Chief Justice. Judges must retire when they reach the age of 70. View the list of current Supreme Court judges. Reserve judgesReserve judges are either retired or interstate judges who have been appointed as reserve judges of the Supreme Court under the Constitution Act 1975. Appointments are made by the Governor in Council for a period of five years with engagements to undertake the duties of a judge of the Court made by the Chief Justice during that period. Associate judgesAssociate judges generally hear and determine civil disputes before and after trial. They are also responsible for much of the preparatory work in the civil jurisdiction that otherwise would be carried out by a judge. You can learn more about the role and judicial function of the Supreme Court's associate judges including how they are appointed. Judicial registrarsJudicial registrars assist the judges and associate judges in managing their workload in an efficient way, without compromising either the independence or quality of judicial decision making. Judicial registrars are appointed by the Governor in Council on the recommendation of the Attorney-General. Registrar of Criminal AppealsThe registrar's role is to work with the parties to prepare an appeal for hearing before judges of the Court of Appeal. The registrar of the Court of Appeal will often hear and determine various applications relating to an appeal, prior to the hearing of the actual appeal. Registrar of the Court of AppealThe registrar of the Court of Appeal also has general responsibility for the registry of the Court of Appeal; constant liaison with the President and frequent contact with the other judges of the Court of Appeal; and general responsibility for all matters arising in the civil jurisdiction of the Court of Appeal, including applications to an associate judge. It was announced this week that Justice Simon Steward and Justice Jacqueline Gleeson of the Federal Court of Australia will replace the two retiring High Court judges, Justice Geoffrey Nettle and Justice Virginia Bell, who are retiring in November 2020 and March 2021 respectively. Many people were unaware that we were even in the midst of choosing new High Court judges – despite the world-wide press covering the appointment and confirmation of Amy Coney Barrett to the US Supreme Court. It is interesting to compare Australia’s system to the US’, as we are both federal countries, meaning that we have states and territories within one larger country. Much of our Constitution is modelled on America’s and yet our systems for judicial appointments to the highest court of the judiciary are very different. Appointment of federal judges in the US Supreme Court justices, judges on the court of appeals and district court judges in the US are nominated by the President and confirmed by the US Senate. This process is set out in the Constitution. Potential nominees are often recommended by senators and members of the House. The judicial system and the courts play no role in nominating and confirming the new judges. As we have seen in the media coverage and public response to the recent nomination, the process in the US is hyper-politicised. This appointment is said to seal a ‘6-3 conservative majority’ and caused much discussion given the confirmation occurred only a week before the presidential election. Judicial appointments in Australia Unlike in the US, judicial appointments in Australia are much quieter, garner much less attention and do not follow a formal process set out in the Constitution. There is no official application process or requirement of interviews, and much of the process occurs behind closed doors. In practice, the Attorney-General presents a nominee to Cabinet, who then recommends the appointment to the Governor-General. If the Governor-General approves, then the incoming judge will be announced by the Prime Minister. There is frequent insistence that judicial appointments in Australia are made solely on the basis of ‘merit’. However, this does not mean that the decision was completely apolitical. In 2007, constitutional law expert Professor Anne Twomey stated that: ‘A government may appoint a judge for a range of reasons, including adding some form of balance to the Court (state, sex or expertise in a particular area of law in which the Court is lacking) or because a judge is the leading jurist of their generation, or simply because a person is an uncontroversial compromise when views are polarised in relation to other candidates’ Before the appointments were announced, it was predicted by many that the new judges would be ‘like-for-like’ both in terms of their gender and their state of origin. The two retiring judges are from Victoria and NSW, as are the two appointees. As a federal system, there is emphasis on keeping a state balance in the High Court, however, there have been some queries this week about why a South Australian judge has never been appointed to the High Court. The system for judicial appointments has also been criticized as having no formal recognition of the importance of diversity on the High Court. In terms of gender, women comprise 62% of law graduates in Australia today, and only 36% of Commonwealth judges. The process has also been questioned as being overly opaque and lacking political accountability. Some critics are calling for greater transparency and clearer selection criteria, rather than being purely based on the vague idea of ‘merit’. |
Who appoints the judges of the state?
Postagens relacionadas
direito autoral © 2024 cemle Inc.
