Federal Court of Australia’s Post

On June 29, 2023, the US Supreme Court ruled that the US Constitution prohibits American universities from having affirmative action policies on the grounds of race. Jenny Bacon, paralegal, and Emma O’Connor, director, discuss what impact this judgement could have in the UK. Read more: https://ow.ly/vN0p50PAMsh #employmentlaw #affirmativeaction #positiveaction

To mark #StephenLawrenceDay which was on Monday 22 April, one of our deputy national chairs, Jacqui M., is speaking to UK Home Office staff today about magistrates and how the magistracy is more than just sitting on a bench. She gave similar talks in the last two years. Read her blog from 2022 here: https://lnkd.in/eUsJ2Jx5 #DiversityAndInclusion #judiciaryUK

⚖️ The concept of judicial tenure is crucial for ensuring independence, impartiality and the rule of law. 🗣 This statement was made by Anna Adamska - Gallant, PhD, International Expert on Judicial Reform of EU Project Pravo-Justice, at the International Scientific and Practical Conference "Topical Issues of Judicial Law". 💬 "Judicial tenure ensures that judges can perform their duties without fear of reprisals, influence from other branches of government or external pressure. By ensuring job security, tenure makes it possible for judges to render judgements based on the law and the facts of the case rather than political or personal considerations. It also promotes judicial impartiality by insulating them from undue influence. Knowing that their position is secure regardless of the outcome of their decisions helps judges to remain impartial and fair in their decisions," said Anna Adamska-Gallant. 🔹 According to her, judicial tenure ensures a stable judiciary and continuity in the administration of justice. 💬 "Over time, judges can develop their knowledge of the law, which contributes to the consistency and predictability of court decisions. While tenure protects judges from arbitrary dismissal, it does not exempt them from accountability. Judges are still subject to disciplinary sanctions and can be dismissed for misconduct or incompetence. Still, as a rule, for this to happen, due legal process and legislative standards must be followed," she emphasised. #pravojustice #justice #impartiality

CPD: 'Probative value and admissibility in the criminal trial: Focus and holism' a webinar by Professor David Hamer is now available to watch on demand. The University of Sydney Law School In determining whether challenged evidence is admissible, the trial judge is often required to assess its probative value. The orthodox view is that this assessment focuses on the strength of connection between the challenged evidence and the fact in issue. However, a distinct strand of High Court jurisprudence, running through the common law and the uniform evidence legislation – from Pfennig v The Queen (1995) 182 CLR 461 through Phillips v The Queen (2006) 225 CLR 303 to TL v The King (2022) 96 ALJR 1072 – requires a holistic approach to probative value. That is, the trial judge should assess the contribution of the challenged evidence together with other evidence. The High Court’s occasional holism introduces incoherence and uncertainty into the law. The interventionism of this approach may be prompted by concern over the prejudicial risks of propensity evidence; however, holism does not necessarily provide added protection. The High Court’s holism appears to be more the product of fallacious reasoning and inattention to the logic of proof. And it carries the risk that the trial judge, at the admissibility stage, will trespass on the jury’s fact-finding province. Check it out: https://lnkd.in/gcZPcQmS #cpd #criminallaw #criminology #evidence #criminaljustice #sydneyinstituteofcriminology

Join the MLSA as a 1L or 2L Rep! 📣🗳️✨ The Lincoln Alexander Muslim Law Students’ Association intends to elect two 1L representatives and one 2L representative to assist the 2023-2024 MLSA Executive Team. Students who are interested in running for one of these positions must complete the nomination form (link in bio). You may only nominate yourself. You must providing a short bio about yourself and explain why you want to be an MLSA representative. The information you share in this form will be made public to the LASL community. Please see the information document linked in our bio to learn more about the roles. Nominations are due September 22, 2023 at 11:59 PM EST. No late submissions will be accepted. Following the nomination period, there will be an election period. Your fellow peers will vote for their preferred candidates based on the information provided in the nomination form. For questions, please email lincolnalexander.mlsa@gmail.com. #muslim #lawstudent #lawschool #lasl #elections #lawyer #mlsa #law

Our Constitutional Court was created in 1994 on the back of the interim Constitution, the same year that I completed my articles. I studied and came of age during one of the most challenging yet inspiring times for any law student at a liberal university in South Africa (88-92) and I took immense pride in our fledging constitution, almost as if I’d personally had a hand in it. Working in legal practice overseas in 1995 I basked in the admiration of our fine Constitution and the euphoria around the release of and the presidency of Nelson Mandela. And so to this day attacks on judicial institutions feel personal, whether it’s the burning of books at my alma mater law library (Howard College,UKZN) during the 2016 fee protests, or acts and omissions undermining our national judiciary. This is a slower, more insidious fire that we are fighting. We’ve recently had a judge and a judge president impeached for gross misconduct, and in the attached article, Hugh Corder, professor emeritus of public law at UCT, explains that the second 15 years of its existence has seen the Concourt’s dazzle fade a little, with the Judicial Commission procedures coming under scrutiny. Cadre deployment has become a buzzword in South Africa today and it’s openly acknowledged as a threat to Judiciary appointments. I do believe that if we lose the independence of our Judiciary, we as a nation will lose it all. As apathetic as I sometimes feel in the face of many who cry racism and conspiracy rather than corruption and resulting incompetence, simply the fact that judges may be impeached in South Africa is encouraging. It doesn’t happen easily in any country (and our National Assembly approved both cases by a strong majority). As Corder urges, we the people need to continue to be resolute in our defence of the Concourt. It’s upholding our Consitution, our Bill of Rights and the very fabric of our society. #independentjudiciary #southafrica

🌟 Reflecting on an Inspiring Encounter 🌟 Last Winter, I had the incredible opportunity to meet Georgia Secretary of State Brad Raffensperger. His dedication to upholding the integrity of our democratic process in the face of intimidation left a profound impact on me. Secretary Raffensperger's commitment to transparency and fairness serves as a beacon for all of us invested in ensuring our electoral systems are robust and equitable. As an undergraduate research assistant at UNCG, where I delve into international judicial opinions, I see firsthand how critical it is to safeguard democratic values globally. Studying diverse legal frameworks has deepened my appreciation for the intricate mechanisms that underpin democracy. My work at UNCG has equipped me with valuable insights into the complexities of international law and governance, reinforcing my belief in the importance of upholding democratic principles at every level of society. I am eager to apply these learnings to contribute meaningfully to our democratic processes and promote transparency and fairness in governance. Let's continue to strive for a world where every voice counts and every vote matters. #Democracy #ResearchAssistant #InternationalLaw #Governance

Are you interested in becoming a magistrate but need guidance? Here is everything you need to know about the application process and what to expect next: https://lnkd.in/guxaqQvz

The Judiciary is difficult to hold accountable as it enjoys broad independence and lacks transparency. It appoints Judges in the Higher Judiciary through the Collegium system, which is not beholden to any accountability mechanism. The Scheduled Classes find it uniquely challenging to succeed in sectors with high nepotistic tendencies, as they have been historically underrepresented in these fields. In this piece, Hardik Kuldeep goes over the reasons for such underrepresentation and the issues it causes to society. It also provides different mechanisms that can be put in place to better hold the Judiciary accountable and ensure representation. Read here: https://lnkd.in/gFYYvVzh

Hi, I wrote this article on how different practices or a lack thereof in the selection process of judges cause severe issues, especially for the scheduled classes. Please do give it a read.