Social Sciences, asked by Anirudhyadav13122004, 3 months ago

how active is the judiciary in trying to correct for corruption in the public life​

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Answered by sainiharman020
3

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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Answered by jessadujapa
1

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.

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