Does the system of appointing Australian High Court judges need reform?

Abstract

This paper sets out ways in which the work of the High Court is political and argues that the method by which appointments to it are made needs to be re-examined to reflect this understanding of the Court. To this end the issues of selection criteria and the process of appointment are considered, noting how each is relevant to the need for public confidence in the High Court. In Australia the question of criteria has traditionally been dealt with by assuming that merit, which has remained undefined, is the sole consideration. The paper recommends that criteria for appointment be developed to include both professional and personal skills and suggests what these should be. The paper also proposes that Australia introduce a Consultative Commission to assist the appointment process. The need for public confidence in the work of the High Court is addressed by suggesting that appointments to it fairly represent society. These changes are the result of the modem conception of the High Court as a dynamic law-making institution. Show more