Jul 11, 2008
As a consequence of the constitutional protection of separation of powers at both federal and state level, judges and lawyers in Australia enjoy a high degree of independence.
However, the integrity of the system is undermined by legislation that limits the exercise of judicial discretion and limits judicial review of administrative decisions. Independence may also be compromised by the absence of appropriate guarantees regarding salary and tenure for state and territory judges, and for tribunal members who effectively exercise judicial power.
Australians do not enjoy complete access to justice due to deficiencies in legal aid funding and the refusal of the courts to acknowledge fully the right to legal representation at public expense in criminal proceedings. In addition, new counter-terrorism legislation abrogates internationally recognized due process rights.
Australia-Attacks on Justice 2005-Publications-2008 (full text, PDF)
Jul 11, 2008
The suspension of the Constitution has rendered the separation of powers ineffective, and left civil society with no legitimate means of challenging executive power.
Jul 11, 2008
Although the independence of the judiciary is constitutionally enshrined in China, the government and the Chinese Communist Party continue to interfere in the judicial process, directing judgments in many instances.
May 19, 2008 | News
The ICJ expressed dismay at the Sri Lankan government’s complacent responses to mounting criticism of deteriorating human rights situation in the country.
May 13, 2008 | News
The ICJ urged the Government of Pakistan to promptly address the consequences of the rule of law crisis culminating in the 2007 state of emergency. Although the delegation of Pakistan engaged in dialogue about how to better ensure respect of human rights in a number of areas, it often denied the prevalence of major human rights concerns. Pakistan’s steps towards democracy including legislative amendments to improve human rights were welcomed. But the Council’s Working Group failed to offer guidance on how to progress issues relating to the rule of law and the independence of the judiciary.
Pakistan-ICJ urges the Government of Pakistan-Press releases-2008 (full text, PDF)
