Relationship Between Judiciary and Executive – Short Essay
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In spite of the emphasis on the separation of the judiciary, as the basis of the independence and impartiality of the judges, the executive exercises a certain control over the judiciary as much as judicial decisions can only be enforced by the executive supported by the force at its command.
Should the executive fail to take necessary steps to enforce a decision, the judiciary would have no means of compelling such action, except the writ of mandamus, which in those circumstances might be disregarded.
Besides, the appointment of judges is made by the executive and although it does not exercise any control after appointments have been made, yet the complexion of the judiciary may be influenced by the party in power responsible for making such appointments. In English speaking countries a lawyer who maintains professional reputation and, at the same time, attains some prominence in politics, may normally expect his elevation to the Bench.
Should the executive fail to take necessary steps to enforce a decision, the judiciary would have no means of compelling such action, except the writ of mandamus, which in those circumstances might be disregarded.
Besides, the appointment of judges is made by the executive and although it does not exercise any control after appointments have been made, yet the complexion of the judiciary may be influenced by the party in power responsible for making such appointments. In English speaking countries a lawyer who maintains professional reputation and, at the same time, attains some prominence in politics, may normally expect his elevation to the Bench.
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