Victorian Bar Media Release - Victorian Bar condemns attacks on the State's judges

The Victorian Bar is alarmed by recent political criticism of Victoria’s judiciary.

Victorian Bar President Dr Matthew Collins QC said: “Recent political attacks upon the independence, competence and impartiality of Victoria’s judges reflect a disturbing disregard for the separation of powers.
“The judiciary provides an indispensable check against abuses of power by the Parliament and the executive. Our judges must be free to perform their vital role without fear or favour. Attempts to politicise the judiciary interfere with that role. They threaten respect for the rule of law and undermine public confidence in the administration of justice.”

The stability of Australia’s Westminster system of government relies upon the checks and balances inherent in the separation of powers of the three, equal arms of government – Parliament, the executive and the courts. Parliaments make laws; the executive administers laws; and courts ensure that Parliaments and the executive do not exceed their powers. Judges confine their comments to the court room and their published decisions. They cannot defend themselves publicly against political attacks.

Dr Collins said: “Victoria’s barristers know that our judges do an outstanding job, dispensing impartial justice, often in very difficult cases. They also know that there can be many competing and subtle factors at play in any given case. It is impossible to understand a decision fully from a media summary or, worse, a caricature. While it is, of course, healthy in a democracy to expose the workings of the courts to the glare of public scrutiny, and to debate whether our laws reflect community standards and expectations, questions about the merits of particular decisions can only properly be addressed through the appeals process. Politicians should know better than to seek to inject themselves into or circumvent that process.

“Political posturing about judges who cannot defend themselves may be easy, but it toys with some of the very foundations of our democracy: respect for the rule of law, the independence of the judiciary and the separation of powers”, Dr Collins said.