Research Essay 2k Words Excellent Annotated With Tutor's Remarks.

Research Essay 2,000 words: Excellent 1 The High Court of Australia has ultimate responsibility for interpreting the Constitution in an independent manner. Given this responsibility, how adequate are the current processes and principles of appointment of High Court judges? THE JUDICIAL APPOINTMENT PROCESS: Protector of an independent judiciary? I INTRODUCTION An independent judiciary is the cornerstone of a democratic society, vital in protecting liberal values and ensuring the rule of law is upheld.1 The High Court has the important role of Constitutional guardian,2 safeguarding the lives of citizens against unwarranted government intrusion,3 and maintaining the distribution of power within the federal system. As such, the independence of the Court is imperative, and will depend largely on the composition of the bench. This in turn is dependent on the nature of the judicial appointment process.4 This essay argues that the current processes and principles of appointment are inadequate because they are unable to guarantee an independent bench. The increasingly intertwined nature of the executive and the legislature5 means that the power of appointment is effectively in the hands of the government, and the ambiguous concept of merit allows for political manipulation. Together with the narrow range of consultation required, it also