Judiciaries in Crisis - Some Comparative Perspectives
Hoong Phun Lee
Monash University - Faculty of Law
September 30, 2011
Federal Law Review, Vol. 38, No. 3, p. 371, 2010
Monash University Faculty of Law Legal Studies Research Paper No. 2010/36
In this article, it is intended to explore a spectrum of controversies which have affected the judiciaries of a number of countries which had emerged from their colonial cocoon post-World War II. A perusal of the crises which have engulfed the judiciary in a number of countries around the world helps to remind us of how lucky we are in Australia where an independent judiciary is taken as a given. These crises illustrate in a graphic manner the actual meaning of judicial independence and the severe consequences for the citizenry when it is threatened. The broad lesson emanating from this excursus points to the need, even in established liberal democracies, for constant vigilance to confront executive attempts, subtle and not so subtle, to subvert the judicial institution.
Number of Pages in PDF File: 20
Keywords: controversy, controversies, judicial review, constitution, constitutional law, judiciaries, independence
JEL Classification: K33, K00, K1, K19, K3, K4, K40, K41, K42, K49Accepted Paper Series
Date posted: September 30, 2011
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