The relationship of the judiciary and legislature in Australia

In Australia, the judiciary at Commonwealth, State and Territory level, can be seen to be a branch of government. This chapter focuses on judicial intervention in the law-making process, legislation impacting on specific court decisions, protecting the integrity of state courts, restricting parliamentary intrusions into fundamental guarantees, parliamentary attempts to restrict courts' jurisdiction and accountability of the judiciary to parliament. Chief Justice Doyle of the Supreme Court of South Australia pointed out that the replacement or restructuring of a court "could be a convenient way to achieve indirectly what could not be achieved directly". The courts in Australia seek to ensure that the parliaments operate within the parameters of the powers provided by the constitutional framework at both federal and state level. Overall, the relationship of the judiciary and the parliamentary institutions in Australia can be described as a healthy relationship characterized by mutual respect.