By Arthur Moses SC
New Chambers, Sydney Australia

Introduction:

  1. It is fundamental to a democratic nation governed by the rule of law that it has a judiciary that is independent and appears to be independent. This means that judges and the judiciary as a whole must be, and must appear to be, independent of all external pressures and influences, whether exerted by the other branches of government, other judges, individual litigants, the media, the public or otherwise. Judges must also be independent of their own internal influences.

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