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a) How is the independence of the judiciary guaranteed in Australia? While the Westminster system had largely developed because of the doctrine of separation of powers, the Australian system of government is largely based on the Westminster. This doctrine of separation of powers proposes that the three institutions of government, the legislature, the executive and the judiciary should be exercised as separate and independent branches. It is this doctrine that stresses the need for the …

…Judges are expected to be disqualified themselves when they have any interference with the financial or other interests in the outcome of a case. This is the fundamental principle for the application of constitutional law as it is to criminal law. For example a person, who is challenging the legality of legislation at a great cost, would expect the judge to resolve the case on its merit rather than the power of the government institution.