Independence of The Judiciary

Question 1

Describe how the Independence of the Judiciary is protected by ‘Security of Tenure’

Answer 1

• The decisions made by the judges can be made fairly with no external pressure from powerful entities

Question 2

What is meant by ‘Security of Tenure’ in terms of Judges

Answer 2

• Judges cannot be removed from office based on their decisions.
• Judges can only be removed if they are shown to be corrupt.

Question 3

What is meant by ‘Immunity of Suit’ in terms of Judges?

Answer 3

• Judges cannot be sued for defamation for the things they say about parties or witnesses in the course of hearing cases

Question 4

What is meant by ‘Independence from the Case’ ?

Answer 4

• Makes sure decisions from Judges are made based on the facts of the case and the law alone

Question 5

Describe how the Independence of the Judiciary is protected by Immunity of Suit

Answer 5

• Judges are free to exercise their judicial powers freely without interference from external entities (e.g the State or Litigants)

Question 6

Describe how the Independence of the Judiciary is protected by ‘Independence from the Executive’

Answer 6

• It serves as a safeguard for the rights and privileges provided by a limited constitution

Question 7

Describe how the Independence of the Judiciary is protected by ‘Independence from the Case’

Answer 7

• Allows Judges to exercise their powers without the interference from the state, the media or powerful individuals