Abolition of Courts and Non-Reappointment of Judicial Officers in Australia
FRANCIS BURT LAW EDUCATION CENTRE RONALD WILSON LECTURE 1994 JUSTICE MICHAEL KIRBY ABOLITION OF COURTS AND NON-REAPPOINTMENT OF JUDICIAL OFFICERS IN AUSTRALIA ENGLISH CONSTITUTIONAL SETTLEMENT & JUDICIAL TENURE '; .In their recent book Retreat from Injustice' Nick O'Neill and Robin Handley _,,~_d Australian lawyers who may have forgotten of the origins of judicial tenure in ,t.;'\'<:.:,::;"" ~th'6:.Englisht!~J;:nglish legal tradition to which we, in Australia, are heirs. It has a long history. ?~r>' ';:tlilltitc"n'~to(!it it came to a head when King James II succeeded to the throne of England in 1685. iBikKing attempted to "suspend" laws enacted by Parliament by the use of his Royal ;<;~?:.;.. ,~~rogative. His specific objective was one which, in today's world, would perhaps be \~:\~~':-- ~ieen as a defence of religious freedom. But in the circumstances of England at the ~t:·, ",;.:,.'.'.'u~,it"t!fi\e, it was seen by his critics as an attempt by the King to override laws duly made ~':< :i:~:~,x:~¥, P~lfli!trnentParliament and to reintroduce the disputes about religion which had bitterly divided \~/~r:h: ·~;.tJ.l!eKingdomKingdom and which were still the occasion of warfare on the continent of Europe. ~~~:-': M O'Neill and R Handley, Retreatfrom Injustice: Human Rights in Australian Law. Federation Press 1994,1994. Sydney,S. -.I- 1 - COURTS.DOCCOURTS.OOC > i'41lUlles II, in 1688, summoned the Archbishop of Canterbury and six other t,~}j~'A:E;t~\;,:: . ! 'b~;;";';li'ff'O~s:"of the Kingdom because they refused to comply with his command that a !;-;!.':"':·4;t,,:.,,~,-,:" IS ,," t{D~?j~fi:ltion ofIndulgence, suspending the operation oflaws against Roman Catholics, [;:,:~,-",,;~.(,.~_.
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