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The judicial incompatibility clause - or, how a version of the 'Kable' principle nearly made it into the federal constitution Taylor, G 2018, 'The judicial incompatibility clause - or, how a version of the 'Kable' principle nearly made it into the federal constitution', Adelaide Law Review, vol. 38, no. 2, pp. 351-373. Document type: Journal Article Collection: Journal Articles Title The judicial incompatibility clause - or, how a version of the 'Kable' principle nearly made it into the federal constitution Author(s) Taylor, G Year 2018 Journal name Adelaide Law Review Volume number 38 Issue number 2 Start page 351 End page 373 Total pages 23 Publisher Adelaide Law Review Association Abstract Until nearly the end of the Convention debates the draft Australian Constitution contained a provision that would have prevented judges from holding any federal executive office. The prohibition, removed only at the last minute, would have extended to all federal executive offices but was originally motivated by a desire to ensure that judges did not hold office as Vice-Regal stand-ins when a Governor-General was unavailable, as well as by the feud between Sir Samuel Way CJ and (Sir) Josiah Symon QC. The clause was eventually deleted, but not principally because of any reservations about the separation of judicial power; rather, it was thought difficult to be sure that other suitable stand-ins could always be found and problematic to limit the royal choice of representative. However, this interesting episode also shows that a majority of the Convention and of public commentators rejected the idea of judicially enforcing, as a constitutional imperative, the separation of judicial power from the executive. Presumably, while not rejecting the separation of powers itself, they would have rejected the judicial enforcement of that principle such as now has been established by case law and implication. Subject Constitutional Law Legal Institutions (incl. Courts and Justice Systems) History and Philosophy of Law and Justice Keyword(s) Australian Constitution legal history constitutional law constitutional history separation of powers Sir J.A. Symon K.C. Copyright notice © ISSN 0065-1915 Related Links Link Description https://search.informit.com.au/documentSummary;dn=776410036927737;res=IELAPA Link to Published Version   Versions Version Filter Type Mon, 10 Dec 2018, 13:22:03 EST Filtered Full Access Statistics: 4 Abstract Views  -  Detailed Statistics Created: Thu, 06 Dec 2018, 10:39:00 EST by Catalyst Administrator