The article argues for reform in the process by which members of the Australian judiciary are selected. Such reform is needed in order to ensure two things. First, that the judiciary retains the independence that is essential for it to discharge its constitutional functions. And, second, that it reflects the society from which it is drawn and continues to enjoy the confidence of that society. We recommend that Australia adopt a process for judicial appointments that is based on the process recently established for England and Wales under the Constitution Reform Act 2005 (UK). Appointments would continue to be made by the executive. Judicial Appointments Commissions (consisting of three judicial members, three legal members and six non-legal members including the Chair) would recommend to the executive the names of three persons from among whom the appointment must be made. The Commissions' recommendations would be the culmination of an evidence-based process involving applications, references, interviews and in some cases practical assessment of relevant skills.

Drawing on research relating to the Australian Federal Parliament, this chapter examines the argument that the new statutory bills of rights encourage parliaments to play a more significant role in the protection of rights. It identifies a number of constraints on the capacity of parliamentarians to undertake serious rights-based scrutiny of legislation, such as the lack of time, resources and expertise, the impact of party discipline in small legislatures, and the dominance of the executive. It reports the strong views of parliamentarians that parliaments can and should have a significant role in the protection of human rights and be able to resist the pressure to trust the executive on civil liberties. The chapter argues that empowering political representative is a crucial ingredient in the promotion of the political protection of human rights, and indicates some ways that this objective could be better achieved through the use of electronic technologies in accordance with ideas concerning e-democracy, including direct public input into public policy-making. More speculatively, the chapter suggests that parliamentary representation might be reformed to provide for a more team-based approach that could utilize a broader variety of talents.

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