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Should Judges Reflect the Society in Which They Live?
Justice that is absolutely impartial is a cornerstone of democracy. Judges are the highest officials of the judiciary, as independent arbitrators they are relied upon to perform their judicial duties according to the law and Constitutional principles, autonomously of social, political and ideological concerns.
In democratic nations, as that of Australia, it is not appropriate for judges to reflect their society in the performance of their judicial role. Ultimately it is the detachment of the judge which enables the litigation process to fairly administer justice.
First of all it is important to point out that judicial independence as the third arm of government, separate from the Legislative and Executive branches plays a vital role in Australia's working democracy and is an institution that must be preciously guarded, "Without the guarantee of such independence, the very essence of any justice system- that it be just and fairly administered- cannot be ensured." It is the support and respect of the citizenry which enable such an establishment to function at its utmost.
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