Comments on the view that acquisition of legal education and professional experience in the practice of law are enough building blocks to ensure the independence of the judiciary in the state
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Acquiring legal qualifications and experience in law practises are appropriate building blocks to guarantee the integrity of the State judiciary. However, t his alone is not enough, there is more to legal qualifications & experience in law practise that are required more to guarantee the judiciary's independence.
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- Judicial independence is important as it guarantees that lawyers and judges will rule freely and fairly in harmony with the laws and in accordance with evidence without consideration and fear of interference, pressure or inadequate control by anyone.
- In a democracy, the freedom and separation between judges and courts in general and any outside power is vitally important. In other terms, without limitations, overt or implied, without inadvertent constraints, coercion, intimidation , threats or intervention, the judiciary shall determine matters before it impartially, to ensure that their actions can be determined fairly, in compliance with the law, both with the interested parties and with the general public.
- In particular, the judiciary must support equality when it comes to justice before the statute/law, presumption of innocence and the ability to hold a fair public hearing with an independent, unbiased and knowledgeable tribunal.
- The values of judicial independence also enable the judicial authorities to ensure a fair treatment and security of the judicial process
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