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Importance of judicial independence
Importance of judicial independence
Analyse and evaluate the independence of the judiciary
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Independence of Judiciary in Australia
a) How is the independence of the judiciary guaranteed in Australia?
While the Westminster system had largely developed because of the doctrine of separation of powers, the Australian system of government is largely based on the Westminster. This doctrine of separation of powers proposes that the three institutions of government, the legislature, the executive and the judiciary should be exercised as separate and independent branches. It is this doctrine that stresses the need for the independence of the judiciary from the other two government institutions in order to protect the freedom of individuals. It is under this doctrine that no person can be a Member of Parliament and a judge at the same time. The doctrine of separation of powers offers several advantages, it proposes separate, specialized and efficient branches of government and it also reduces the abuse of government power by dividing it.
a) Why is the independence of the judiciary an important feature of Australia's system of justice?
The judiciary is the government branch that is concerned with the administration of justice. The judiciary is absolutely separate from the executive and the legislature, so it can check the concentration of government power. The independence of the judiciary is crucial of a democratic community because when judges are presiding over cases, there must be no interference and intimidation from the external forces. The independence issues touches upon the conflict of authority and freedom. If the doctrine of separation of powers did not exist, the authority would not be prevented from interfering in the administration of justice, therefore the basic freedoms of the citizens would not be guaranteed.
It is up to the judiciary to exercise according to the law. It would be without the independence of the judiciary that the principles of rule of law and natural justice would be jeopardy and other institutions of government would interfere in the administration of justice.
There are three main elements of the independence of the judiciary they are, permanency of tenure, dismissal by parliament and fixed remuneration. Permanency of tenure means that judges are appointed by the executive government and have a permanent tenure until they have to retire at the age of seventy. It was a constitutional referendum in 1977 that placed this requirement on federal judges.
Also state laws have been made, for the state judges to retire at the same age.
The only exception is the Family court justices; they have to retire at the age of sixty-five.
Judges can only be dismissed on the grounds of proved misbehaviour or incapacity and can only be dismissed by parliament representatives.
Judicial Activism- judges should interpret and apply the law in the light of ongoing changes in conditions and values
In every given business, the name itself portrays different meanings. This serves as the reference point and sometimes the basis of customers on what to expect within the company. Since personality affects product image (Langmeyer & Shank, 1994), the presence of brand helps in the realization of this concept. Traditionally, brand is a symbolic manifestation of all the information connected with a company, product, or service (Nilson, 2003; Olin, 2003). A brand is typically composed of a name, logo, and other visual elements such as images, colors, and icons (Gillooley & Varley, 2001; Laforet & Saunders, 1994)). It is believed that a brand puts an impression to the consumer on what to expect to the product or service being offered (Mere, 1995). In other application, brand may be referred as trademark, which is legally appropriate term. The brand is the most powerful weapon in the market (LePla & Parker, 1999). Brands possess personality in which people associate their experience. Oftentimes, they are related to the core values the company executes.
Many judges, whether appointed or elected, tend to serve for life. Often times, once they are in place, then it is very difficult to remove them. The advantage of having judges that are older is for their experience and wisdom. These judges are typically able to make sound judgments. They have obtained a degree of respect from their community and judicial colleagues. If a judge is able to maintain a sound mind and is physically fit to stay on the bench, then there should not be a cause of concern. However, with the aging process, the human body begins to decline. Unfortunately, sound judgment and memory begins to diminish. The body begins to weaken and it becomes increasingly difficult for a judge to keep up with the demand for the job. Often time than not, the judge is the one who decides when he should step down. If he a defiant person, then that decision will be a difficult one for him to make even though his stepping down would be for the betterment of all people. Most judges are able to continue serving even into advanced ages. As long as they are capable, then they should continue to do
Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised. However, since the Parliament is capable of making any law whatsoever, the concept of the rule of law poses a contradiction to the principle of parliamentary supremacy, entailing that Parliament is not bound by the Rule of Law, and it can exercise power arbitrarily.
Some of the many common mistaken views of aging would involve our society seeing aging as something that will be a big problem for us and bring about burden. Other issues to consider are that aging is for everyone, not just the elderly. In many people’s minds, you say “aging” and the first thing that comes to mind is an elderly lady or man, retired, grey hair, and no longer full of life. However, children, young adults, and older adults are aging every day. As mentioned in Aging Concepts and Controversies page 91, “…half a million people over age 60 are studying on college campuses.” It also mentions how military officials are retiring in between 40 and 50, and grandmothers are appearing as early as their 30’s. For myself, I noticed that this discrimination was
they must be a member of either the House of Commons or the House of
all judiciary cases in which any fact is involved,) or may they act by representatives, freely and
Branding has now become an indispensable part of every organization. In the world of increasing competition companies need to differentiate their products or services to become successful. Making a product or service and simply selling them will not make a business successful. It will only become one among the thousands. Branding is an effective tool which helps the companies to differentiate and position their products and to establish a personality and identity. Such a personality and image is very much needed to create loyal customers, who are
When discussing modernity, Bauman describes the way in which society has shifted from solid modernity to liquid modernity. Liquid modernity describes the current condition of constant mobility and changes that occur in relationships, identities, and global economics within society. Modernity, as a solid state, was previously seen as being largely characterized by a need for order, while at the same time consisting of contingencies and radical change. Liquid modernity
BMW has captured the attention of automobile drivers from all around the world with their “Ultimate Driving Machine.” The BMW Company was originally established in Germany and has extended nationally reaching over 12 countries. With Germany and the United States being the top two target countries, BMW has established their products as a combination of luxury, safety, and comfort with product lines to suit all styles of living. Revenues have been increasing each year since before 1996 with profits coming from product line of automobiles and motorcycles. In 2001, BMW came out with a new product group, the Mini. The Mini also contributed to the revenue increase in 2001. BMW has current developments in their sports cars, the Z8. BMW has created a trustworthy name for the automobiles they produce and has all the potential to continue their success in the future.
In 1967, a law was passed called the “Age Discrimination Employment Act”. The law simply means that an employer may not discriminate someone in any way due to their age. So often you hear of someone not getting a job because they are too young or even too old. Employers think that if someone is young they might not have the experience or maturity for certain positions, which may not always be the case. On the other hand, if a potential candidate for employment is older, a company might not want to hire them because they know that the person may be retiring soon. Take a look at the lawsuit against Radio Shack in 2007. David Nelson, then 55, had been employed for over 25 years when RadioShack assigned a new, 43-year-old regional manager to supervise him. Within four months of the new supervisor’s arrival, Nelson, who had a 25-year spotless performance record, was placed on two performance improvement plans (United States). Nelson, believing that he was being discriminated against by his new supervisor because of his age, complained to the human resources department. According to the complaint, within five days, before the allotted time for improvement was over, RadioShack terminated Nelson in retaliation for his complaint of discrimination (United
What is branding? Branding has been advocated as a potentially successful response to heightened market concentration; it offers the possibilities of centralized control and format standardization, and an added value or cost driven strategy can be used to differentiate the retail offering and reinforce market positioning. Brands provide informational cues for buyers about the store's merchandise quality, and favourable images of brands positively influence patronage decisions." Successful retail branding can provide a form of "insulation" against price competition and states: "Where the store brand name is itself a brand name based on a quality appeal, it will be easier to position the own brand as a premium product under the same name" (Schmidt, R., & Pioch, E., 2005). Further as consumers, we tend to think about brands as symbols like the Nike swoosh or McDonald’s golden arches; the working definition of a brand is broader. A brand is usually defined as a name, logo, symbol, words, or combination of these, intended to distinguish a particular company’s offerings from those of competitors. In this sense, the modern use of the word “brand” harkens back to its older meaning which is a distinguishing mark or burn to identify wine, livestock or other commodities by their owner (Koehn, N., 2013).
In the modern world of conducting business, any company that wishes to succeed must differentiate its products or services from others in the industry. Differentiation makes it possible for consumers to point out notable differences between one company’s products as compared to those of competitors. Differentiation helps companies build brand loyalty as the uniqueness keeps customers fixed on a particular product. BMW is one of the most popular automakers in the world today. It definitely uses differentiation as a strategy to beat off competition by building products that are innovative, detailed and incomparable to those of competitors.
The notion of branding as we have come to know it has evolved noticeably over the years as transformations within marketplace have opened up doors for innovative branding approaches and contributions,in addition to this one could arguably say that most of these changes can be attributed to a shift within the mindset of the consumer as the emergence of various segments and target markets has brought about a new set of demands and expectations when it comes to effectively creating and sustaining profitable relationships between a brand and its desired consumer . One cannot deny the fact the proceedings leading up to the present decade have played a role in the visible shift from an industrially driven economy to a one where the consumers are placed in the drivers seat.
The term 'branding' in modern marketing is generally originated in the agricultural practices of the medieval age. The farmers 'branded' their animals with the iron and then they were able to identify to whom a particular animal belonged. Artisans 'branded' their products, for example, expensive silver tableware. Smiths 'branded' their swords. The role of the brand is to identify products by the same way as for medieval farmers and for modern corporations as well.