We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
JUDGES AND RETIREMENT AGES.
- Authors
BLACKHAM, ALYSIA
- Abstract
All Commonwealth, state and territory judges in Australia are subject to mandatory retirement ages. While the 1977 referendum, which introduced judicial retirement ages for the Australian federal judiciary, commanded broad public support, this article argues that the aims of judicial retirement ages are no longer valid in a modern society. Judicial retirement ages may be causing undue expense to the public purse and depriving the judiciary of skilled adjudicators. They are also contrary to contemporary notions of age equality. Therefore, demographic change warrants a reconsideration of s 72 of the Constitution and other statutes setting judicial retirement ages. This article sets out three alternatives to the current system of judicial retirement ages. It concludes that the best option is to remove age-based limitations on judicial tenure.
- Subjects
AUSTRALIA; RETIRED judges; RETIREMENT age -- Law &; legislation; REFERENDUM; DEMOGRAPHIC change &; politics; COURTS; RETIREMENT of federal judges; CONSTITUTIONS; AUSTRALIAN states -- Politics &; government; TWENTY-first century; AUSTRALIAN states; GOVERNMENT policy
- Publication
Melbourne University Law Review, 2016, Vol 39, Issue 3, p1
- ISSN
0025-8938
- Publication type
Article