Tuesday, February 20, 2018

Chapter 4: Judicatory

Introduction

The political dysfunctional of Australia within recent years, is evidence prove that the Australia Government Structure is outdated and needed major upgrade. The Commonwealth of Australia Government structure, is introduced in 1911, over 106 years ago, when the population of Australia is a mere, 4.5 million. Today, Australia is a country of over 24 million. Flaws of Australia government structure, that would not cause problems, one hundred years ago, is now helping to create the issue of political dysfunctional and political disorganize for modern Australia.
This series would explore flaws of Australia Government structure and how it is helping to create the issue of political dysfunction and political disorganize for modern Australia and what sort of upgrade will help resolve the problems. 

Chapter 4: Judicatory

While, it is not necessary to do so right now, while making such reform, it might also be a good idea to make certain changes, to the Judicatory branch of Australia Federal government, which would make it easier, when and if, Australia is to become a Republic, considering the Prime Minister, is already to become, a Prime Minister in name, but a President in practice.

In the US, the Justice of the US Supreme Court is appointed by the President, upon the approval of the Senate. In accordance to the constitution of Australia, such power is given to the Governor General, but Senate approval or approval of another third party, is not require, which can be argue that to such extend, the Governor General hold too much power. In the first instance, the thought is, naturally to reform after the US, thus, the Prime Minister, which is now elected directly by the people and independent from the House of Representative, would appoint the Justice of the Australia Federal High Court (In Australia it is call a Federal High Court), upon the approval of the Senate.


However, on second thought, a further upgrade can say, even in the US the President can argue to be too powerful, with such power to appoint the Justice, considering he already hold executive power and influence over parliament. A second thought is to given such power, to the Attorney General, to appoint the Justice of the Federal High Court, upon the approval of the Senate, which also mean, within the Constitution, there must be a justice department and an Attorney General, to appoint it, (currently, within both US and Australia constitution, the justice department and Attorney General, is not dictate to be a must exist department) 

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