Integrity of the legal system
Separation of powers
- A way of preventing the concentration of unchecked public power in the hands of a single group
- Creates limits to political and legal power
- At the same time, ensures each arm is able to check and balance the other
- Principle of separation of powers
- Westminster system – judiciary is the independent arm of the Constitution and should be removed from external influence
- Judges are free from interference and intimidation by external forces, including Parliament
- Subsequent Acts of Parliament cannot overturn court decisions (Parl can only operate in futuro as opposed to ex post facto)
- Judges have tenure and can only be removed in extraordinary circumstances (s 72 – proved misbehaviour/incapacity). Also, salary cannot be decreased.
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