In our last class we discussed about why the judiciary should be independent, I believe we all know why now, today we will be discussing the Factors that Ensure And Aid Independence Of The Judiciary
The Judiciary Arm Of The Government
Factors That Ensure And Aid Independence Of The Judiciary
a] Funding : A judiciary that wants independent shouldn't be funded by the executive. When a judiciary is been funded by the executive, the executive will have full power over the judiciary.
b] Remuneration : Salaries of judges and magistrates should be paid from the consolidated fund.
c] Separation : A judiciary that wants independent should be Separated from other arms or organs of the government.top↑
d] Better Treatment : paying of better treatment to the judiciary officials will enhance their independence.
e] Promotion : Judges and magistrates of a judiciary that wants independence should not be promoted by the executive.
f] Appointment : The officials of a judiciary that wants independent should not be appointed by the executive arm of the government, for a judiciary that want independent, its officials should not be appointed by any arms of the government be it, the legislature or the executive or any other form of arms or organs which can have power over such judiciary
g] Immunity : Judges and magistrates of a judiciary that wants independent should receive some elements of immunity.top↑
h] Long Tenure Of Office : Securing the position of the judges and magistrates for a long time enhance their independence.
i] Dismissal : Judges of a judiciary that wants independent should not be dismissed by the executive.
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Problems Of Iindependence Of The Judiciary
a] Political Interference : judicial decisions may be influenced by other arms of government so independence of judicial must be detached from partisan politics and devoted to the cause of abstract justice.top↑
b] Dictatorship : Dictatorial regimes do not obey court orders.
Dictatorial flout judicial pronouncement with impunity, also to erode the jurisdiction of courts.
c] Political Or Partisan Appointments : Political consideration, personal views and loyalty should not influence selection of judges.
Judges appointed on partisan bases are likely to come under pressure from government or some important party members which will affect the judiciary independence.
d] Bribery And Corruption : A judiciary that can be easily compromise by monetary or financial gains looses the thrust of the public and the certainty of independence.top↑
e] Remuneration By Executive or Legislature : if the judiciary salaries, allowances, pensions and gratuities of judges are control by the executive or the legislature, the independence of such judiciary may be hindered.
f] Insecurity Of Tenure : in a situation where judges and magistrates have no definite tenure of office, such judges and magistrates will not be able to stood to pronounce a decision against the government with the fear of losing his job.
g] Insufficient Personnel and Facilities : Amenities and materials for quick dispensation of justice are not available because of large volume of cases with few judges which leads to congested in court.
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