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Explain the Independence of judiciary is necessary to carry out the fundamental rights. Illustrate with examples. Minimum 2 page
Answers
I believe in a strong and independent jurisdiction.
In democracy, the judiciary is exempt from external or internal pressures and they can make independent decisions. As far as democracy is concerned, there are some freedom related to it. Laws of law and freedom of the judiciary are related to democracy.
There are two schools of thought. One is the supremacy of the judiciary, while the other is for a powerful parliament. What do you take
Constitution is supreme law in any country.
In many democratic countries like Switzerland, the law can not be reviewed in the Supreme Court. There are rules that are tailored to the people's will. Therefore, judicial review of the law is not always necessary.
Explanation:
- The concept of judicial independence is that the judiciary must be an independent of other departments of government. That is, courts should not be subjected to inappropriate influence from other government branches or partisan or private interests.
- The principle of segregation of powers is vital to judicial independence. Most of the countries deal with the method of independence judiciary through various means of judicial appointment, or by appointing judges.
- Another method of fostering judicial independence is by allowing judges life tenure or long tenure, which preferably frees them to determine cases and make judgments according to the rule of law and judicial autonomy, even if those decisions are politically unpopular or resisted by powerful interests.
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