Judicial independence and impartiality are fundamental and crucial requirements for maintaining the rule of law in a parliamentary democracy. To an admirable extent, the federal courts of Australia's justice system remain free from outside influence. Indeed, “the basic structural and operational relationships between the judicial and executive branches of government” are intended to ensure that the federal judiciary is autonomous and free from bias. Justices Hayne, Crennan, Kiefel and Bell of the High Court of Australia believe that “independence and impartiality are defining characteristics of all courts in the Australian justice system”. While this may be a definite possibility for federal jurisdiction, state courts do not have insufficient structural safeguards to operate with complete autonomy or impartiality and thus this statement cannot be considered true. There is no doubt that judicial independence and impartiality are intended to define the hallmarks of the courts of the Australian justice system. The Australian judiciary should remain largely free from external influence, particularly from the executive, because “judicial independence…exists to serve and protect not the governors but the governed”. Indeed, in a parliamentary democracy based on the rule of law, “as former Chief Justice Gleeson observed, “the independence of the judiciary is a right of the citizens over those over whom they exercise control.” The democratic nature of Australian society and the doctrine of the separation of powers theoretically belongs to an independent and impartial judiciary. As Sir Gerard Brennan states, "the reason judicial independence is of such public importance is that a free society has only existed for a short time... middle of paper... ... to render a judgment” State courts that need resources could nevertheless “prove more susceptible to being subject to subtle pressures” and acting under executive dictation. Although arbitrary removal of state judges is rare and outside dictations are not often obvious, the “subtle ways in which judicial independence can be eroded” have yet to be corrected. “Judicial independence is an invaluable asset of any country governed by the rule of law” and the Australian judicial system currently fails to establish and maintain independence and impartiality as defining characteristics of all courts. While federal jurisdictions are protected by section 72 of the Australian Constitution, state jurisdictions require equal structural safeguards so that implicit executive influence does not interfere with judicial enforcement of the rule of law..