Date of this Version


Document Type

Journal Article

Publication Details

Hunter-Schultz, Tina (2005), Rule of law, separation of powers and judicial decision making in Australia - Part 2. The National Legal Eagle, October 2005, pp. 13-16.

Copyright ©The Law Society of New South Wales, 2005.

Reproduced with permission.


Extract: There are many opinions regarding the role of the judge in judicial decisions, both from commentators, and from the justices themselves. In a recent address Justice Michael Kirby assessed changes in judicial reasoning, and the current backdrop of judicial reasoning within the High Court. He noted a need for judicial activism and for the High Court to consider policy principle and rules to ensure that laws are interpreted in ways that meet the needs of the community they serve. Whether this modern judicial reasoning upholds the doctrines of the role of law and separation of powers has been a contentious issue, debated by judges and commentators alike. What can be substantiated is that judicial reasoning over the last 100 years has altered, as a consequence of both intrinsic and extrinsic factors.

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