Appointment Of judges. Flashcards
(6 cards)
How are judges appointed
In Jamaica constitution section 98, This stipulates that the chief justice shall be appointed by the governor general on recommendations of the prime minister after consultations with the leader of the opposition. Other judges are appointed by the governor general on the advisor of the judicial and legal service commission. This. Applicable to most Caribbean jurisdictions except for Trinidad and Tobago. In this instance that Chief justice is appointed by the president on his own discretion or he has to do is consult with the prime minister. In Barbados charges other than the chief justice of the high court and the court of appeals are appointed by the governor general and advise of the prime minister.
Composition of the Judicial service Is important.
Some might see it as adding to the impartiality of the appointment process but professor Carnegie That appointments that are dependent on the prime minister Must have a potential influences. Francis Alexis echoes This Sentiment that all members of the judicial a legal service commission or appointees of the prime minister even do enjoy some security of 10 year for three years.
With such provisions their lives open large unjustifiable possibilities of abuse by the executive which ultimately affects the independence of the judiciary.
Errol Barrow
Not all are skeptical about the appointment of judges as a Francis Alexis reiterated Errol Barrow Who believed in the security of tenure which protects judges from arbitrary application from the executive.
Van Royal v State.
A defendant questioned the proceedings against him on the Babis that that judge was not subject to judicial independence. The courts found that there are safe guards that protect judicial officers such as security of tenure and the higher the court the greater the protection.
Why the exec shouldn’t have influence on the appointment of judges
Because the executive Will abuser its power to a point person school and feels confident we’ll see its point of you in any case in which the state is involved more importantly the appointments of the judges by the executive mat leave the public with the perception that the judiciary is beholden to the executive because of the gift of appointments listed on them the confidence of the public will be Shattered where the executive appoint someone who is directly affiliated with the ruling party
Weather previous office in the executive branch should disqualify a candidate From judicial office
Panton v Minster of Finance and another.
Appointment of CCJ Judges.
The president of the CCJ Is appointed and removed by a qualified a majority vote of 3/4 of the contracting party is it on the recommendation of the religion judicial service commission. The other judges are appointed by a majority vote of all members of the commission.
