Chapter 20 - Relations with the judiciary
A significant feature of the Australian
Constitution, and one which is essential for good government, is that the
judicial function is separated from the legislative and executive functions,
and the judicial power is vested in independent judges with security of tenure.
The Constitution provides for federal courts not only to interpret and
apply the law in determining issues between governments and persons and between
persons, but, by interpreting and applying the Constitution to such issues,
thereby to determine the lawfulness of the actions of the legislative and
executive branches of government. It is therefore doubly important that the
judges have complete independence from the other two branches. The Constitution
seeks to safeguard that independence by its provisions for the appointment and
removal of federal judges.
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