Judicial Independence from the Executive: A First-Principles Review of the Australian Cases

This article develops a first principles conception of judicial independence. It does so by way of synthesising the large volume of domestic and international materials that describe the idea. It then analyses the extent to which Australian judges have realised the concept through constitutional and other legal development. The article establishes the very signifi cant steps taken by Australian judges to assert their independence from the executive, but equally it also identifi es some important gaps. Means of remedying these gaps are discussed, including through the further development of constitutional principles and other non-judicial means.