Judiciaries in Crisis - Some Comparative Perspectives

Federal Law Review, Vol. 38, No. 3, p. 371, 2010

Monash University Faculty of Law Legal Studies Research Paper No. 2010/36

20 Pages Posted: 30 Sep 2011  

Hoong Phun Lee

Monash University - Faculty of Law

Date Written: September 30, 2011

Abstract

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.

Keywords: controversy, controversies, judicial review, constitution, constitutional law, judiciaries, independence

JEL Classification: K33, K00, K1, K19, K3, K4, K40, K41, K42, K49

Suggested Citation

Lee, Hoong Phun, Judiciaries in Crisis - Some Comparative Perspectives (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. Available at SSRN: https://ssrn.com/abstract=1935813

Hoong Phun Lee (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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