Judicial Independence in the Northern Territory: Are Undisclosed Remuneration Arrangements Repugnant to Chapter 3 of the Constitution ?
- Publisher:
- University of Western Australia Law School
- Publication Type:
- Journal Article
- Citation:
- Keyzer Patrick 2004, 'Judicial Independence in the Northern Territory: Are Undisclosed Remuneration Arrangements Repugnant to Chapter 3 of the Constitution ?', University of Western Australia, vol. 32, no. 1, pp. 30-43.
- Issue Date:
- 2004
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The purpose of this article is to assess the independence of stipendiary
magistrates in the Northern Territory, an issue which was the subject of
a recent decision of the High Court in North Australian Aboriginal Legal
Aid Service v Bradley. 1 This case raises very important questions about
the construction of the Commonwealth Constitution, the strength and
ambit of constitutional guarantees of the independence of the judiciary,
and the status of courts in the Commonwealth s Territories. Does Chapter.
III of the Constitution prohibit undisclosed, short term, privately
negotiated remuneration arrangements with judges who may exercise
the judicial power of the Commonwealth?
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