Informed critique of the courts and their work is essential to the proper functioning of a democracy.
A "judicial activist", it seems, decides cases in favour of a preferred (non-“mainstream”) litigant or interest, to reach a result that is inconsistent with a conservative worldview.
Australia’s method of appointing judges to its highest courts is opaque and informal.
It is no criticism of Australia’s judiciary to say that it would be preferable, both for them and the public, if they took office after a more transparent process.
Should Australia’s High Court judges be representative of the community that their rulings affect? Should politics play a part?
Late last week, the federal government appointed Geoffrey Nettle, a Victorian Court of Appeal judge, to the High Court to replace retiring justice Susan Crennan. Nettle is an excellent lawyer and his appointment…