The judiciary: Independence is the Judiciary

Question 1

What is the judiciary

Answer 1

The system of courts that interprets and applies to the law. The judiciary also provides a mechanism for the resolution of disputes and is considered the guardian of the constitution.

Question 2

What is the independence of the Judiciary.

Answer 2

The capacity of the courts to perform their constitutional function free from Interference and dependency upon any other form of government

Question 3

What are the bases for judicial independence in the Caribbean.

Answer 3

In Suratt there are three principles defined as securing judicial independence.

1. The section of the constitution that secures the judicator and Superior Court judges. Most of the Caribbean countries have a such provision with the new constitution except for those within the OECS. They have a federal act which is applicable in this instance. This was examined in the case Farlle v The AG of Antigua.
2. Implied or Unwritten constitutional principles such as the separation of powers and the rule of law. In the case of the Belize Bar Association and AG Belize wants is a change in the way judges were appointed this was constitutionally challenged Questioning if this broke the separation of powers.
3. Fundamental rights and freedom for instants section 18 of the Barbados constitution which stipulates that individuals it should be given a fair hearing in front of an impartial and independent judiciary.

Question 4

What are the elements of judicial independence.

Answer 4

Valence Gave three principle;

1. Security of Tenure
2. Financial security
3. administrative independence

Question 5

What did Vascianne say on the core principles of Judicial Independence.

Answer 5

Judicial appointments and promotions should be insulated from partisan political patronage. Judicial decisions should be free from interference from members of the executive or legislature. There should be security of tenure for judges at least a senior levels. Additional salary should not be subjected to reduction.

Question 6

Judges must be free from external interference.

Answer 6

Judicial officers should be able to perform their judicial functions without undue interference threats inducement of pressure. This sentiment was echoed in R v Jones.

Question 7

The judiciary must have control over the judicial functions.

Answer 7

The judiciary should have control over certain functions like administrative ones for instance Who to hire in the judiciary where the courts would be the public fees are and how the courts should run if you put these in the executive there would be a problem and there would be a constant battle between the executive on administrative matters.

Question 8

Judges must not descend into the arena

Answer 8

Independence of the judiciary goes both ways the judges should refrain from partaking in political affairs it in an attempt to preserve their independence.

Question 9

Region and judicial independence.

Answer 9

Small pools of judges
Absence of distance and lack of anonymity
Involvement of other activities