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”.
Government of Japan
The Judicial branch of Japan consists of the Supreme Court, and four other lower courts; the High Courts, District Courts, Family Courts and Summary Courts. Divided into four basic tiers, the Court's independence from the executive and legislative branches are guaranteed by the Constitution, and is stated as: "no extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power"; a feature known as the Separation of Powers. of the Constitution states that all the Court judges are independent in the exercise of their own conscience and that they are only bounded by the Constitution and the laws. Court judges are removable only by public impeachment, and can only be removed, without impeachment, when they are judicially declared mentally or physically incompetent to perform their duties. The Constitution also explicitly denies any power for executive organs or agencies to administer disciplinary actions against judges. However, a Supreme Court judge may be dismissed by a majority in a referendum; of which, must occur during the first general election of the National Diet's House of Representatives following the judge's appointment, and also the first general election for every ten years lapse thereafter. Trials must be conducted, with judgment declared, publicly, unless the Court "unanimously determines publicity to be dangerous to public order or morals"; with the exception for trials of political offenses, offenses involving the press, and cases wherein the rights of people as guaranteed by the Constitution, which cannot be deemed and conducted privately. Court judges are appointed by the Cabinet, in attestation of the Emperor, while the Chief Justice is appointed by the Emperor, after being nominated by the Cabinet; which in practice, known to be under the recommendation of the former Chief Justice.