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  7. Constitutional Law

Class notes

Judicial Independence

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- meaning of judicial independence - elements of judicial independence (appointment, security of tenure, length of tenure, procedure for removal, security of magistrates, financial security, jurisdiction, etc) and relevant cases

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  • July 10, 2017
  • 10
  • 2016/2017
  • Class notes
  • Unknown
  • Constitutional law

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Constitutional Law Judicial Independence
Meaning of Judicial Independence
• the judiciary is the arm of govt entrusted with the judicial/adjudicating power of
the state
• responsibilities:
• determines, interprets, and applies the law
• upholds the constitution and the fundamental rights and freedom declared
and guaranteed therein
• ensures the maintenance of the rule of law on the part of all members of
society
• can strike down the legislative for inconsistency with the constitution
• remain independent of the legislature and exec
• consists of:
• court of appeal
• privy council
• supreme court
• lower courts
• entrenched in provisions of constitutions dealing with judiciary
• Hinds: JI should be inferred from the existence of SOP due to our Westminster
modelled constitution
• independence is essential because of the role of the courts in protecting the
constitution
• not only an expectation of individual judges, but a systematic/collective feature
of the judiciary as an institution to be independent
• core features of JI:
• freedom of judicial officers to perform their judicial functions in accordance with
the law, free from external interference (R v Jones)
• external interferences = other branches of govt, pressures from parties to the
dispute, groups/members of society, other judges
• power and duty to review the actions of the legislature and executive to
determine whether they are in conformity with the constitution
• judges must not descend into the arena of the other branches
• i.e. independence goes both ways
• integrity of the judicial function and public confidence in the administration of
justice are compromised if judges appear to be interfering in executive
functions
• judges should not make law but interpret it
• judges cannot be members of parliament

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