Independence Of The Judiciary

Question 1

How is the independence of the judiciary secured through the security of tenure?

Answer 1

Security of tenure allows a judge to make decisions against the government without fear of being dismissed

Question 2

How is independence of the judiciary secured by the judicial immunity from suit?

Answer 2

Judicial immunity fro suit allows a judge to perform their duties without fear of repercussions. No judge can be prosecuted in respect of anything done while acting in their judicial capacity, even if they make a mistake

Question 3

Which Act allows independence from the executive?

Answer 3

S.3 CONSTITUTIONAL REFORM ACT 2005

Question 4

How is independence of the judiciary secured by independence from the executive?

Answer 4

Government must not seek to influence judicial decisions and ministers cannot dismiss a judge

Question 5

What are the reasons for judicial independence?

Answer 5

Maintaining rule of law, prevents arbitrary exercise of power, limited influence and public confidence

Question 6

What are the advantages of judicial independence?

Answer 6

Decisions will be only based on the facts of a case, able to protect individuals from unlawful acts of government and it provides public confidence