Articles on Judicial system

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A prison officer stands guard outside the Chief Magistrate’s court in Nairobi. Safeguarding reforms is key mandate for the in-coming Chief Justice. Noor Khamis/Reuters

Kenya’s new Chief Justice must press on with cleaning up the judiciary

Despite some criticism, the screening of 50-odd judges and nearly 300 magistrates was a remarkable achievement. But Kenya's new Chief Justice has some cleaning up left to do.
Kenya’s Supreme Court judges file into the chamber during the opening of parliament. Reuters/Noor Khamis

How Commonwealth countries have forged a new way to appoint judges

The electorate and those involved in public governance should focus more on how judges are appointed. This is because they need to make sure that individuals of the highest quality get the job.
South African President Jacob Zuma, right, listens to Chief Justice Mogoeng Mogoeng ahead of Zuma’s second inauguration in Pretoria. Reuters/Siphiwe Sibeko

Are judges in South Africa under threat or do they complain too much?

Tensions are probably inevitable in any constitutional democracy that empowers the courts to overrule the executive and legislature. But, judges are worried cabinet undermines the rule of law.
The standard of proof that applies in different types of judicial proceedings may result in quite different verdicts. Shutterstock/Andrey Popov

Judge suspects but must acquit man on child pornography charges

After saying he was 'deeply suspicious', a judge cleared a man of child pornography offences. We need to understand the standard of proof to make sense of verdicts, including AFL rulings on doping.
Should Australia’s High Court judges be representative of the community that their rulings affect? Should politics play a part? AAP/Lukas Coch

Appointing Australia’s highest judges deserves proper scrutiny

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…

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