A Comparative Study of Judicial Appointments to the High Court of Australia and the United States’ Supreme Court
Main Article Content
Keywords
High Court of Australia, United States’ Supreme Court, judiciary, judicial appointments
Abstract
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.
Article Sidebar
Article Details
It is the author’s responsibility to obtain permission to reproduce any work still under copyright in their upcoming submissions. Copyright can apply to any original work of art or text and could include such items as: textual works; artistic works; sound recordings; cinematograph films; broadcasts; web content; maps; photographs; and architectural drawings.
More information regarding copyright can be found on the Australian Copyright Council website.
Generally in academic work, most work is attributed by acknowledging the original source via citations. However, this does not allow authors to reuse other's work without permission, particularly if they are reusing a 'substantial' part of a work.
In practice, whilst this could occur across a range of work types, it is most likely to occur with the use of images, graphs and tables.
If a submission contains copyrighted images from other published sources, permission will be needed before the image can be used in a published article.
- once the article has been accepted, contact the authors or journal to request permission
- provide a copy of the approval email/form
If all images, graphs, and tables are the author’s own creation, authors will need to explain somewhere in the document that no permissions were necessary as the figures/tables are original and were created by the author.