how Common Law works.
yvonne,
We underlngs not only know how the Law is supposed to work we also know how it actually works.
My personal experiences have shown me that the guidelines & policies & legislations are nothing like actual procedures.
I find it utterly appalling how someone can study Law for so many years & once in Court it's all forgotten. Imagine if trades people were like that. Imagine a carpenter or a bricklayer working in their trade like a Magistrate or Judge work in Law. Every building would collapse at the first breeze.

Individual, a victim of what? And how can it be obvious to you that I've never been a victim? If you are talking about being a 'victim' of someone within the legal profession, I can regale you with stories, many stories, of being a 'victim'; for instance of tradesmen and mechanics. Inept, maybe turning up when agreed and at times resulting in great costs to fix up. So what? And, besides all that, I've had, unfortunately, more than a couple of times had to rely on the legal profession for their skill. For both private and business reasons. I've had good and bad experiences. Just like with tradies. Except, percentage wise, more positive with the legal profession than with tradies, but that could just because I lived on the Gold Coast.

What does your 'victim' experiences have to do with the value of the separation of powers that our democracy and liberty hinges on?

to do with the value of the separation of powers that our democracy and liberty yvonne,
that's all nice & academic & bureaucratic. reality is vastly different. By having been a victim I mean victim of crime & then again as a victim of incompetenet judiciary & again as a victim of stalling by outfits like the CJC until the statute of limitation has passed. Separation of powers ? Definitely powers separate from justice & integrity.
The judiciary is not seen to be adhering to its own rules. It's pretty sad when a Government has to step in to get justice when the judiciary fails so miserably. Like the Peadophile releases & just last week 8 years for a one punch murder. If anyone wants to kill someone now they just coward hit & spend 8 years in jail getting all their qualifications & medicals for free. I think it appalling a mere 8 years for murder. It really says all about that fake separation of powers gobbledeegook. How can we ever have justice with a judiciary like that ? How about a new slogan like "The judiciary, the criminals' friend"

Nothing, anybody ? Surely I must be wrong ?

Onya Spindoc.

To Mr O'Neill.

Your little speech regarding the separation of powers did not address the crucial issue of what happens when the judiciary, which through a quirk of history, abuses its independence and frustrates the will of the people who own the legal system and who's taxes pay for it.

The USA has exactly the same separation of powers but at least in the lower courts those judges who constantly push extreme and deviant views through court decisions can be removed by the people that they are supposed to serve. An independent judiciary is a wonderful concept provided that judges are impartial and not political. But that is never going to happen. Everything is political, and the judiciary must be held accountable to the people's wishes or else we will end up with a judiciary which resembles the ABC in both outlook and in the promotion of "progressive" causes.

Here in NSW, the decisions of "aboriginal" judge Pat O'shane has enraged the public, at one time she even castigated a police officer who was wounded in the "White City" shootout with a notorious Lebanese criminal for "ethnic profiling." Then there was the case, a few years ago, when a family Court judge ordered the release of all "children" in detention centres, thereby over riding the Minister for Immigration and the Immigration Act. Such a judge would be out on his ear in the next election, had this been the USA.

It is not a strength but a weakness that courts in Australia are not answerable to the people. If political judges with social agendas wish to frustrate the people's parliament, then the Parliament, with the people's consent, has the authority to over ride judicial politicking by introducing such measures as mandatory sentences. If the judges don't like it, then they should remember just who the piper and once again make judicial decisions more in keeping with public expectations.

there is no separation of power in Australia, only a conglomaration of good & bad power in the interest of power by power mongers. Our Judiciary is so out of synch with normal daily life it needs to be replaced asap. Our judiciary are gradually morphing into loose wheel off track.