Like what you've read?

On Line Opinion is the only Australian site where you get all sides of the story. We don't
charge, but we need your support. Here�s how you can help.

  • Advertise

    We have a monthly audience of 70,000 and advertising packages from $200 a month.

  • Volunteer

    We always need commissioning editors and sub-editors.

  • Contribute

    Got something to say? Submit an essay.


 The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
On Line Opinion logo ON LINE OPINION - Australia's e-journal of social and political debate

Subscribe!
Subscribe





On Line Opinion is a not-for-profit publication and relies on the generosity of its sponsors, editors and contributors. If you would like to help, contact us.
___________

Syndicate
RSS/XML


RSS 2.0

Time for us to come to know our judges

By Mirko Bagaric - posted Monday, 3 April 2006


We need to follow the US model of confirmation hearings for our senior judges. During this process judicial aspirants are asked a range of probing questions about their approach to legal reasoning and moral outlook. If they survive this, they get appointed, otherwise the hunt for a competent applicant continues.

These hearings are highly publicised and normally very controversial. No wood ducks need apply - it is a very rigorous process. The real splendour of the hearings is that the community gets to assess the make up and calibre of their judges. We should know the views that our judges have on issues such as minority rights, euthanasia, law and order and civil liberties. This will inform us of the way that they are likely to make decisions on important matters that centrally affect our lives.

This process would encourage us to assume a degree of ownership in the courts and enhance the level of respect that is accorded to the judicial task.

Advertisement

This is lacking in Australia. Rightly in Australia we respect people, not positions.

The courts are one of three pillars of power in our system of government. We have too much stake in this institution for our confidence in the courts to be dampened by the black box decision-making process through which judges are appointed.

We also have no reason to trust the unchecked judgment of the government in hand selecting candidates to our benches - the decision is too important.

  1. Pages:
  2. 1
  3. Page 2
  4. All

A version of this was first published in the Geelong Advertiser on March 15, 2006.



Discuss in our Forums

See what other readers are saying about this article!

Click here to read & post comments.

19 posts so far.

Share this:
reddit this reddit thisbookmark with del.icio.us Del.icio.usdigg thisseed newsvineSeed NewsvineStumbleUpon StumbleUponsubmit to propellerkwoff it

About the Author

Mirko Bagaric, BA LLB(Hons) LLM PhD (Monash), is a Croatian born Australian based author and lawyer who writes on law and moral and political philosophy. He is dean of law at Swinburne University and author of Australian Human Rights Law.

Other articles by this Author

All articles by Mirko Bagaric

Creative Commons LicenseThis work is licensed under a Creative Commons License.

Photo of Mirko Bagaric
Article Tools
Comment 19 comments
Print Printable version
Subscribe Subscribe
Email Email a friend
Advertisement

About Us Search Discuss Feedback Legals Privacy