Chapter 14 Accountability and the courts Flashcards Preview

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Flashcards in Chapter 14 Accountability and the courts Deck (18):
1

The only definitive and drastic step available to the legislature and executive to hold the courts accountable is....

The removal of a judge for 'proven misconduct or incapacity'

2

The most common way of courts being held to account is through this process within the court system

appeals

3

The Minister within the executive responsible for the court and judicial systems

Attorney General

4

Ultimate appellate jurisdiction is granted to the High Court through this section of the Constitution

s73

5

Case in which the High Court found Justice Dodd had not provided a fair trial for the defendants in a 2004 case due to his inattention

Cesan and Revadia

6

This saying, which ensures judicial impartiality, Nemo iudex in causa sua translates as...

No one should judge their own cause

7

This saying ensures equal opportunity for both sides of a case

Audi alteram partem

8

Instruction of the jury by a judge in a trial is referred to as _______ the jury

Charging

9

A trial, in whole or part, which is held behind closed doors unlike most cases is called ________

in camera

10

This section of the Constitution guarantees security of tenure for judges

s72

11

Two key traditional measures which ensure external accountability is applied to the judiciary

separation of powers and rule of law

12

Parliament may ______ a common law decision by passing suitable legislation which checks the common law decision

abrogate

13

Example of federal parliament clarifying a common law decision

Response to Mabo with Native Title Act

14

Mandatory sentencing is a constraint on judicial ________

discretion

15

Controversial High Court Justice who was accused of perverting the course of justice in 1984 but dies before a parliamentary commission could complete its work

Lionel Murphy

16

Judicial Misbehaviour and Incapacity Act passed in 2012 allowed the establishment of a formal parliamentary _______

commission

17

________ of ___________ are forms of voluntary self accountability but this has not been adopted by the judiciary

Codes of Conduct

18

Queensland Chief Justice who resigned in 2016 due to pressure from colleagues, media and new government

Tim carmody