A Comparative Study of Judicial Appointments to the High Court of Australia and the United States’ Supreme Court

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Tracy Beattie


High Court of Australia, United States’ Supreme Court, judiciary, judicial appointments


The capabilities of ultimate appellate courts in performing its constitutional functions, administering laws and protecting citizens’ rights are heavily influenced by how members of the judiciary are selected. This essay discusses the different procedures in which judges are currently appointed to the High Court of Australia and the Supreme Court of the United States. It then takes a comparative approach by examining the criticisms surrounding these judicial appointments, concluding that the Australian judicial appointment system better supports the principal public law values of judicial independence, the separation of powers and the rule of law.

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