(a) What is independence of the judiciary? (b) State three reasons for the independence of the judiciary

Answer Details

(a) Independence of the judiciary

Independence of the judiciary means that the courts and judges are free from the control, interference or influence of the legislature and the executive, so that they can interpret the law and administer justice impartially, without fear or favour.

(b) Reasons for the independence of the judiciary

1. To ensure impartial justice. Free from external pressure, judges can decide cases purely on the merits and the law, without bias.
2. To protect citizens' rights and liberties. An independent judiciary can defend fundamental human rights against abuse by the government.
3. To uphold the rule of law. It ensures that everyone, including the government, is subject to and judged by the same law.
4. To check the other arms of government. Through judicial review the courts can declare acts of the legislature and executive unconstitutional, preserving the separation of powers.
5. To sustain confidence in the legal system. When the public trusts that courts are fair, they resort to the courts rather than to self-help.