Howard Government, Howard judiciary, Howard legislature

The underlying problem with the current method of appointment is the lack of transparency and accountability surrounding the process. A number of common law countries are taking steps towards a more transparent judicial appointment process.

In the UK, the new Constitution Reform Act creates an independent Judicial Appointments Commission and aims to bring about a new system of appointing judges avoiding political considerations and based solely on merit.

Last year, the New Zealand Government issued a consultation paper outlining a model which included a Judicial Appointments Commission comprising eight members including three lay persons, the chief justice, one other senior judge, the president of the New Zealand Law Society, the president of the Bar Association and, for appointments to the Royal High Court, the solicitor-general. The attorney-general is awaiting advice from the Ministry of Justice on further policy options.

In Canada, independent judicial advisory committees are established in each province and territory to assess the qualifications of prospective applicants. The Canadian attorney-general welcomes feedback from groups in the community.

Whether Howard Government attorneys-general believe it or not, the intrinsic role of the first law officer is to continually assess the state of our courts; this includes taking the necessary steps to prevent erosion of their authority and to cultivate respect for the judiciary in our community.

It does not necessarily mean completely removing the party in power from the process, or implementing changes which would politicise the court like the grillings we see in Senate confirmation hearings in the US. Instead, we need to look ahead to the challenges that the High Court faces and to find ways of ensuring that appointments are sound and public confidence in its decisions is maintained.

If our High Court judges are going to be increasingly subjected to political attack - either from the media or by political leaders - ensuring that they are seen to be appointed on merit alone may go some way to insulating them from any loss of respect and authority.