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.
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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.
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