Establishment of the NSW Supreme Court and Press Freedom
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The establishment of the NSW Supreme Court and the subsequent battle between Chief Justice Forbes and Governor Darling over press freedom have shaped key democratic principles, including rule of law, separation of powers, and checks and balances. These developments strengthened an independent judiciary, protected rights, and reinforced accountability through a free press in society.
Key Concepts
The 1823 NSW Act provided for the establishment of the NSW Supreme Court
Governor Darling was instructed by Earl Bathurst to “get tough on convicts” and “pull the colony into shape.” In sum, he was tasked with turning NSW into the proper penal colony it was always intended to be.
Governor Darling wielded excessive power with inadequate ‘checks’ in place to regulate him.
At the head of this newly established Supreme Court was Francis Forbes – the first Chief Justice of the Supreme Court of NSW. As Chief Justice, his role was to keep the Governor’s power in ‘check’ and to protect the freedoms of those in the NSW colony.
Following brutal treatment of two soldiers, Sudds and Thompson, the newly established Australian newspaper criticises Governor Darling. This results in a fight between Forbes and Darling over the role of the free press in the new colony and an independent judiciary.
Students can engage in meaningful learning by using the Case Based Method to consider
“If you were Chief Justice Forbes in the early colony of NSW that was filled with convicts, would you allow a free press?”
Supplementary resources include a case summary, discussion questions, source document and exhibit analysis, character cards and a summary video.
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