H. P. Lee

Defining Characteristics of ‘Judicial Power’ and ‘Court’ – Global Lessons from Australia

Abstract For the international norms regulating the protection of judicial independence and impartiality, it is necessary that there is a clear idea as to whether a body is a real court or judicial body or whether it is simply an administrative or executive entity camouflaged under a judicial mantle. The main aim of this article is to explore the jurisprudence of the High Court of Australia on the notions of ‘courts’ and ‘judicial power’. It is believed that the exegesis by the High Court of their defining characteristics will provide useful lessons for the judiciary in other countries which seek to ensure compliance with the international norms.