Next Topic :The Executive
The Judiciary Arm Of The Government
The judiciary is the third organ of government responsible for interpretation and application of the laws when they are violated and also the judiciary is responsible for adjudicating disputes between the executive and the legislature and between the government and the citizens or Organizations.
The judiciary acts as the monitor (watch dog) of the law by making sure that, the law made are obeyed and those who refuse to obey the laws are severely punished.
The judiciary is made up of different courts such as high courts, supreme courts, customary courts, tribunal courts, appeal courts, magistrate courts and administrative courts.top↑
Functions And Aims Of The Judiciary Arm Of The Government
a] Punishment Of Law Breakers : The judiciary most make sure that the laws made are obeyed and those who refuse to obey the laws are severely punished.
b] Interpretation Of Laws : interpretation of laws is the primary function of the judiciary.
c] Law Making Function : The judiciary gives relevant suggestions on constitutional preparation and amendments, and the passing and signing of bills by the legislature and the executive arms of the government.
d] Protection Of Citizens' Rights And Liberties : it is the duty of the judiciary to protect the citizens' rights and their liberties, that is why the judiciary is referred to as the last hope and defenders of the oppressed.
e] Dispute Adjudication : The judiciary adjudicates in disputes between the executive and the legislature and between government and citizens or organization, etc.top↑
f] Guardian Of The Constitution : it is the duty of the judiciary to guards and protects the constitution of the land flagrant violation by anybody no matter how supremed or highly placed.
g] Determination Of Election Petitions : it is the duty of the judiciary to perform the function of hearing and determining election petitions in order to ascertain the winners.
h] President Advisor : The judiciary serves as an adviser to the president of a country on judicial matters.
Matters like the prerogative of mercy or the power to pardon criminals and political detainees, etc.
The Problems Facing The Judiciary Arm Of The Government
a] The number of courts is insufficient, that is, the judiciary face some problems when there is few or less number courts.
b] Lack of adequate judicial personnel : this problem is caused low salaries paid to them.
c] Lack of adequate funding by the executive.top↑
d] The corrupt and decadent environment in which the judiciary works constitute problem to it.
e] Delay of justice due to court congestion is also a problem faced by the judiciary.
f] Political control of the judiciary which does not guarantee its independence.
g] The executive have holds on judiciary because it is the executive that is funding the judiciary.
h] Poor remuneration or reward or salaries paid to judicial officials.
i] The executive have greater control over the judiciary because it is the executive arm of the government that appoint the head of the judiciary.top↑
j] Corruption among many of the judiciary officials acts as a serious cog in the wheel of judicial progress.
Independence Of The Judiciary
The judiciary is said to be independent when it is free from the other two organ of the government (the executive and the legislature) and when its officials are free to take judicial decisions without any fear or favour.
That is, the judiciary works without looking up to the other organs of government for directives and for proper and impartial dispensation of justice in a country.top↑
NOTE : There is every need for the judiciary to be independent because there shouldn't be any interference in the activities of the judiciary.
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Why The Judiciary Should Be Independent
a] It prevents the judiciary from been controlled by other organs of government.
b] The judiciary will be able guard and protect the constitution better when it is independent.
c] The judiciary will be able to discharge its duties without any fear or favour from other organs of government.top↑
d] An independent judiciary will able to check the abuse of power and the excesses of government functionaries.
e] An independent judiciary will be able to protect the rights and civil liberties of the citizens.
f] Independence of the judiciary will give the organ more impetus to ascertain the true winners when election petitions are brought to it to determine.
g] An independent judiciary will be able to give proper and unbiased interpretations of the laws and the constitution and stand firmly to declare any act that is in conflict with the constitution or unconstitutional whether committed by the legislature or the executive.top↑
h] An independent judiciary will be able to carried out efficiently the crucial function of adjudicating in disputes between the executive and the legislature, etc.
i] An independent judiciary will be able to punish law breakers and those who refuse to obey the laws of the land because an independent judiciary will be vantage a position to do so.
Those are the factors that determines independency of the judiciary.top↑
Next Topic :Independence Of The Judiciary