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Judicial independence : is there a difference between administrative and adjudicative independence?

journal contribution
posted on 2017-12-06, 00:00 authored by Kristy RichardsonKristy Richardson
Australian courts and administrative tribunals are dependent upon government for funding. Additionally, in most circumstances, courts and administrative tribunals are dependent upon government for administrative assistance. The rule of law requires the three branches of government, the executive, the legislative and the judicial be separate. Given the dependence on funding and administrative support, can Australia’s courts and administrative tribunals be “independent”? This article examines whether there is difference between administrative independence and adjudicative independence and then presents the views of participants gained from two separate surveys on the issue of whether there is a difference between administrative and adjudicative independence.

Funding

Category 1 - Australian Competitive Grants (this includes ARC, NHMRC)

History

Volume

17

Issue

1

Start Page

5

End Page

15

Number of Pages

11

ISSN

1036-7918

Location

Pyrmont, NSW

Publisher

Thomson Lawbook Co.

Language

en-aus

Peer Reviewed

  • Yes

Open Access

  • No

External Author Affiliations

Faculty of Business and Informatics;

Era Eligible

  • Yes

Journal

Journal of judicial administration.

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