n Comparative and International Law Journal of Southern Africa - Judiciaries in the spotlight
|Article Title||Judiciaries in the spotlight|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Publication Date||Nov 2006|
|Pages||361 - 384|
The judiciary is under pressure from both the public and from government. Judges are no longer treated with the same veneration as in the past. The situation in South Africa and Australia display parallels in regard to the independence of the judiciary and what this entails; the importance of public confidence in the judicial system and the administration of justice; the accountability of judges; assessment of judicial performance; the issue of judicial misconduct which falls short of being impeachable; judicial training; and the process and substance of judicial appointments. The author investigates the parallels and supports a re-examination of long-held assumptions about the best way to administer justice. If judicial independence and public confidence in the judicial system are to be maintained, it is incumbent on both government and the members of the judiciary to nurture the independence of the judiciary and public confidence.
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