Posted by Chester Morton / Wednesday, 21 September 2016 / No comments
How to ensure Judicial Independence in a country
Judicial independence refers
to a situation where judges are allowed to do their work without any fear of interference
from any of the other arms of government or from any quarters whatsoever. By
their independence, it is meant that they ensure impartiality in the
administration of justice.
HOW TO ENSURE THE INDEPENDENCE OF THE JUDICIARY
How judges are recruited
One of the ways of ensuring
judicial independence is the way the judges are recruited and appointed.
Normally, the judges are appointed by the executive arm of government but under
the recommendation of an independent body such as Judicial Council.
Immunity of prosecution
Another means by which the
independence of the judiciary is ensured is to give them immunity from
prosecution for acts committed in the process of carrying out their assigned
functions. In other words, the judges can never suffer any punishment for any
judgment given as they play their assigned role of administering justice.
Political neutrality
Another way of ensuring
judicial independence is to make them politically neutral. The judges must be
barred from taking part in partisan politics. They must not be allowed to make any
comment or comment that may be deemed to political in any sense or by any
stretch of imagination.
Tenure of office
To ensure that the judiciary
is independence, the judges must enjoy a secure tenure of office. This means
that the judges hold their job for as long as they capable of performing without
being fired. The only time they can be prevented from doing their job is when
they have reached their retirement age, or where they conduct themselves in a
way that bring their office into disrepute or when they fall sick to the extent
that they are incapable to functioning in their office.
Attractive remuneration
Again, to ensure the
independence of the judiciary, their salaries and allowances must be so attractive
that they are not attracted to take bribes. Their salaries can never be varies
downward. If their salary and allowances must be varied, they can only be
varied upward. They must also be allowed to retire on their salary. In other
words, when judges retire, they must continue to take their salaries as
pension.
Salaries charged on the
Consolidated Fund
Finally, to ensure the
independence of the judiciary, their salaries and emoluments must be charged to
the Consolidated Fund. This ensures a continual flow and payment cannot be truncated
for lack of funds.
SAMPLE QUESTIONS
1. a. What is Judiciary Independence?
b. Outline
five ways in the judiciary can be made independent.
