Background
While the Australian system of government is parliamentary, with a "fusion of powers" between the executive and the legislature, the separation of powers with respect to the judiciary has long been accepted as an important aspect of the Constitution of Australia. The importance of the principle is traditionally said to have reached its high point in 1956 with the Boilermakers' case, in which the High Court of Australia held that non-judicial power could not be conferred on a court established under Chapter III of the Australian Constitution. However, Australia also has a long history of judges being appointed to non-judicial positions.
The idea that some non-judicial functions can be conferred on judges in their personal capacity had been present in Australian law for some time; some trace it to cases such as Medical Board of Victoria v Meyer in 1937, while others regard the doctrine as settled law since at least 1906, and the case of Holmes v Angwin.
Read more about this topic: Persona Designata
Famous quotes containing the word background:
“They were more than hostile. In the first place, I was a south Georgian and I was looked upon as a fiscal conservative, and the Atlanta newspapers quite erroneously, because they didnt know anything about me or my background here in Plains, decided that I was also a racial conservative.”
—Jimmy Carter (James Earl Carter, Jr.)
“Silence is the universal refuge, the sequel to all dull discourses and all foolish acts, a balm to our every chagrin, as welcome after satiety as after disappointment; that background which the painter may not daub, be he master or bungler, and which, however awkward a figure we may have made in the foreground, remains ever our inviolable asylum, where no indignity can assail, no personality can disturb us.”
—Henry David Thoreau (18171862)
“I had many problems in my conduct of the office being contrasted with President Kennedys conduct in the office, with my manner of dealing with things and his manner, with my accent and his accent, with my background and his background. He was a great public hero, and anything I did that someone didnt approve of, they would always feel that President Kennedy wouldnt have done that.”
—Lyndon Baines Johnson (19081973)