Separation of Powers

Judicial Independence: Afghanistan, Poland and Australia - Comparison

Overview

Independence of the Judiciary is a key feature of the separation of powers and supports the achievement of the Rule of Law.

It also provides crucial checks and balances within legal systems with the aim of ensuring that the Executive and Government are behaving within their powers as defined by a country’s constitution.

This resource provides a comparison of the experience of judicial independence across three nations – Australia, Poland and Afghanistan, examining the role of the constitution and the associated the impacts of constitutional changes on judicial discretion and power, and therefore the achievement of the Rule of Law.

It includes 2 student activities helping students understand some of the key threats to an independent judiciary.

Related Resources

Explore Related Topics

  • Checks and Balances on Power

    Explore resources on checks and balances, explaining how oversight limits power and ensures decisions remain lawful and accountable, supporting transparency, restraint, & responsible government action.

  • The Division of Powers

    Explore resources on the division of powers, showing how legislative authority is shared between the Commonwealth and states, supporting effective governance and accountability

  • Independent and Impartial Judiciary

    Explore resources on an independent and impartial judiciary, including the history of the Supreme Court & its role in delivering justice & strengthening trust in the judiciary.