John David Phillips
Phillips' retirement speech generated debate in Victoria on judicial independence. In the Australian experience, government is separated into three branches, the executive, legislative and judicial branches. Each branch is independent of the others, and is recognised in the Australian Constitution at the federal level. Phillips on his retirement was critical of the intrusion of the executive into the work of the courts, being the judicial branch. For example, the Supreme Court was referred to as "Business Unit 19" by the Victorian Government. Phillips did not suggest that the Victorian Government would attempt to influence directly a decision of the court. However, there appeared to be "What is evolving ...a perception of the court as some sort of unit of functionary within the Department of Justice”.
Politics of the Netherlands
It is important to realise that the Netherlands does not have a traditional separation of powers: according to the Constitution the States General and the government (the King and the Ministers) share the legislative power. All legislation has to pass through the Council of State (Dutch: "Raad van State") for advice and the Social-Economic Council advises the government on most social-economic legislation. The executive power is reserved for government. Note however that the Social Economic Council has the special right to make and enforce legislation on several sectors, mostly in agriculture. The judicial power is divided into two separate systems of courts. For civil and criminal law the independent Supreme Court is the highest court. For administrative law the "Raad van State" is the highest court, which is "ex officio" chaired by the King.