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Law Council of Australia


Attacks on the judiciary by politicians weaken our democracy

"The separation of powers sounds like the stuffy, abstract domain of lawyers and academics. But it needn't be and it shouldn't be. Because, the actual freedom of each and every one of us – in a very real and practical way – relies on the complete independence of the executive, the Parliament, and the judiciary.

Judges need to be respected for their role: exercising judgment. At its most basic level, the separation of powers simply means that if one of the powerful arms of our democracy starts hitting you unjustly, there's another powerful arm capable of stopping it. There is a check and a balance.

We tend to think of this crucial democratic foundation, if we think of it at all, as somehow naturally occurring and therefore unshakeable..."

Opinion peice by Morry Bailes, President, Law Council of Australia. Article also published in the Age, Sydney Morning Herald and the Brisbane Times, 6 February 2018. 


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