how active is the judiciary in trying to correct for corruption in the public life
Answers
Judiciary is a very powerful institution it is known for its independence. Through various interpretations to the Constitution, and has protected many rights of citizens. In many cases, Supreme Court actively involves in administration of justice by giving directions to executive agencies.
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Answer:
Abstract
A non-corrupt judiciary is a fundamental condition for the endorsement of rule of law and the
ability to guarantee basic human rights in society. The judiciary must therefore be an
independent and fair body that fights corruption, not the other way around. This essay
systematizes different binding and non-binding international, and to some extent regional,
norms and standards regarding corruption in the judiciary and judicial independence, and
presents potential factors and effects of judicial corruption, through an inventory of
documents recognized by organizations such as the United Nations and the Council of
Europe. Further, the essay presents different anti-corruption strategies and the dilemma of
implementing such strategies with regard to judicial independence. The advantages and
disadvantages of different anti-corruption strategies are reviewed through the study of some
successful and unsuccessful examples.
There are several definitions of corruption, this essay emanates from the definition of ‘abuse
of office for personal or private gain’, a definition that is wide but yet well recognized. The
factors of judicial corruption are many and often overlapping, but they vary from state to state
and must hence be analyzed individually to find the factual reasons for what generates
corruption. The effects are detrimental and break down the very core of rule of law and
corrupt judges neglect fundamental principles such as equality, impartiality, propriety and
integrity. With regard to the different factors and effects, the norms and standards, and the
anti-corruption strategies, a discussion follows about how to rid the judiciary from corruption
with preservation of the respect of judicial independence. The discussion also raises the
predicament that malpractice of various fundamental principles e.g. judicial independence can
occur and further distort unhealthy judiciaries. The main conclusion regarding anti-corruption
strategies is that they must be carefully weighed against the principle of independence.
Explanation:
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