Judicial independence plays an important role in supporting an effective democratic system in Australia. It is the key principle that ensures that our nation's separation of powers is controlled and managed. The judicial arm within the separation of powers plays perhaps the most important role in our system of government. They act as overseers of the legislature and the executive, providing a method of checks and balances to ensure that the separation of powers avoids corruption and manipulation. This is also why the judiciary must be independent. An independent judicial arm means that all judges and administration are free from interference from outside sources. This principle is important for obvious reasons. For example, if a judge is under the influence of a government minister during a trial, this creates an unfair case and goes against the rule of law, as well as violating the fundamental human rights of the accused. Judicial independence is achieved by respecting four fundamental principles. The first of these is the appointment and dismissal of judges. There must be a clear division between those who appoint judges and those who dismiss them to prevent any one group or individual from having complete power over the justice system. Therefore, judges are appointed by the government but dismissed by vote of parliament. The second principle is the permanence of the judge's mandate. Once appointed by the Executive Government, they remain in office until their 70th birthday, when they will have to retire (65 years in the Family Court). This retirement age was a requirement imposed on all judges by referendum in 1977. Fixed remuneration of judges' salaries is the third fundamental principle. This is a constitutional rule that prohibits ...... middle of paper ...... a commonly cited example of impartiality and equality in Australian law. This High Court challenge concerned native Aboriginal land claims in Australia. Mabo's case was successful and the government passed complementary legislation the following year, in the form of the Native Title Act 1993. The jurisdiction established by the High Court in this example acted as an incentive for the government to legislate to improve equality in our laws In conclusion, the importance of judicial independence is clearly delineated in the functioning of our democracy. An independent judiciary is capable of making fair and just decisions, respecting the rule of law and respecting our fundamental human rights. Therefore, the judicial arm under the separation of powers must be free from external interference in order to preserve the foundations of our democratic and free society..