An appeals court ruling against popular Brazilian ex-president Lula has hotly divided Brazil. A legal scholar argues that this is a case of activist judges taking their anti-graft crusade too far.
It is obviously important to protect the institutional integrity and independence of the judiciary – but the judiciary and judicial decisions should not be immune from criticism.
Jan van Zyl Smit, British Institute of International and Comparative Law
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.
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.
There are inherent shortcomings in a procedure that asks judges to make objective and rational assessments about how their own conduct, relationships or interests might appear to others
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.
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.
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…