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”.
Constitution of Denmark
As in many other democracies, the Danish Constitutional Act divides power into three independent branches—the legislative, the executive and the judicial branches—in order to encourage checks and balances and prevent abuse of power. The Danish Parliament is the legislative power, enacting the laws of the country. The Cabinet (Government) is the executive power, formally acting out the role of the Monarch, by ensuring that laws are implemented. The Supreme Court and lower courts of law are the judicial power, pronouncing judgements in disputes between citizens and between the authorities and citizens.