Also there is a section of people who are enraged over the aggressive developments brought into focus by the judiciary the new judicial crusade against corruption in high places has sent shock waves all over the country and many legislatures are expressing alarm in what they perceive as judicial activism.
There is a very significant point which must be emphasized. The constitution itself has given the judiciary over-riding powers. The needs of the hour are restraint and conformity to the letter and spirit of the constitution both by the judiciary and politicians.
Free and fair justice is the soul of this country. Minister of Law and Order, the judges construed harsh security laws restrictively to reduce their drastic effect. The opposition to terrorism has led to a hawkish attitude in many judges.
Parliament and the state legislature are creatures of the constitution and the judiciary has a duty to correct their errors, if at times they cross the limits of their powers as defined in their constitution. However, one should not disregard the international legislation regarding the independence of the judiciary which has made great inroads in laying down standards for protecting the judicial role.
An independent and impartial judiciary can make the legal system vibrant. The traditional model of litigation is that of "a self-contained episode" with the impact of the judgment limited to the parties before the court.
A paradoxical trend is apparent in the world today concerning the approach to the judiciary. However, the role of the judiciary is generally limited because of the balance of power tilting towards legislation in most of the democratic systems.
If a considered policy decision has been taken which is not in conflict with any law or is not malafide, it will not be in Public Interest to require the court to go into and investigate those areas which are the function of the executive.
Justice — Social, economic and political is clearly laid down in the preamble as the guiding principle of the constitution.
Today, it is widely acknowledged that the judiciary performs the functional of lawmaking; and that it is a branch of the government, playing a constitutional role of no less significance than other political branches of the government. If the judiciary is not reflective of society as a whole, the adjudication may be based on background understandings strongly colored by a narrower set of values.
There are interrelations between the judiciary and the legislature.
They included the adjudication of politically charged cases; the question of judicial review of legislation; and judicial role vis-a vis the legislative branch; times of crisis and the rule of law; judicial creativity in times of crisis; the limits on judicial conduct; and judicial selection; and the principle of fair reflection.
It is required to promote justice in adjudicatory process.THE PROBLEMS FACING THE NIGERIA JUDICIARY SYSTEM THE JUDICIAL SYSTEM IN NIGERIA Nigeria operates a federal political structure under the Constitution of the Federal Republic of Nigeria, The Federation consists of 36 (thirty six) States and a Federal Capital Territory.
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The three limbs of Democracy are the legislature, executive and the judiciary. The first formulates policy and enacts it as law, the second carries out policy in action and the third applies the law according to rules of procedural justice and resolves disputes.
Related Articles: What is the role of Judiciary in the Environmental Protection. The political processes of any democracy are operant through the executive and the legislature with the judiciary playing the role of a referee.
The constitution of America very clearly defines the role of the Political executive – the President, the legislative roles of the Congress and the judicial roles of the courts.
The judiciaries role in formulating or applying policy is a subject that has associations extending well beyond judicial review of administrative decisions. When policy formation is thought of as being part of the judicial function it is important that it is comprehensible as to what is being said to be going on, and how the judicial method is related to it, the.
Public expectations of the judicial role in society may influence the judges' perception of their role and may consequently influence their actual role in society. Public debate on judicial role and judges may help judges in understanding the public expectations of them.
In a democracy, the role of judiciary is crucial. Judiciary is a faithful keeper of the constitutional assurances. An independent and impartial .Download