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An example of judicial independence is reflected in Mabo Case 1 (1988). This case illustrates a fair trial by protecting and preserving the rights of the minority groups in Australia which are the aborigines by using Section 109, to override the Queensland Coast Island Declaratory Act 1985.
However, in reality, Judicial Independence is not always practiced to preserve human rights. This is usually seen in parenting disputes in the Family Court. Judges tend to be sexist and give maternal preferences as they are more sympathetic towards the child’s mother. The marriage of Harrison and Woollard 1995 illustrates an unfair judgment made by a judge...
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