This paper outlines the present system of judicial appointments in NSW and other Australian jurisdictions.
It also summarises the debate about the appointments process and looks at recent discussion papers and reports in NSW and other Australian jurisdictions. In addition, an overview is presented of the judicial appointments system in the UK, and of recent reviews of this system, one of which considered whether Parliament should have a greater role. Finally, the federal and provincial systems for appointing judges in Canada are outlined. First, however, this paper briefly discusses some key issues and presents a broad overview of appointment models.
A number of key issues need to be considered when assessing systems for making judicial appointments. These include:
- Judicial independence;
- Merit-based appointments;
- Equality and diversity;
- Transparency and accountability.
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