NCJ Number
48403
Journal
Israel Law Review Volume: 13 Issue: 1 Dated: (JANUARY 1978) Pages: 1-9
Date Published
1978
Length
9 pages
Annotation
THE IMPORTANCE OF AN INDEPENDENT JUDICIARY TO THE CONTINUATION OF A DEMOCRACY AND THE OBLIGATION OF JUDGES TO BE RESPONSIVE TO THE NEEDS OF THE PEOPLE ARE DISCUSSED.
Abstract
THE HISTORY OF JUDICIAL INDEPENDENCE IN ENGLAND IS TRACED. THIS RIGHT WAS AS DIFFICULT TO ACHIEVE AS THE INDEPENDENCE OF PARLIAMENT BECAUSE THE KINGS REALIZED THAT CONTROL OF THE JUDICIARY MEANT CONTROL OF THE PEOPLE. EVEN THOUGH THE LORD CHANCELLOR IS RESPONSIBLE TO PARLIAMENT, IT IS ALSO HIS DUTY TO MAINTAIN AN INDEPENDENCE TO ENSURE THAT JUSTICE IS DONE. THE WATERGATE SCANDAL IN THE UNITED STATES IS CONTRASTED WITH THE HANDLING OF POLITICAL MATTERS IN DICTATORSHIPS. THE IMPORTANCE OF THE JUDICIARY IN CURBING THE EXCESSES OF THE EXECUTIVE BRANCH OF GOVERNMENT IS ALSO SHOWN IN CASES OCCURRING IN INDIA, ISRAEL, AND ENGLAND. THE MURDER OF THE CHIEF JUSTICE OF UGANDA SHOWS THAT A DICTATORSHIP UNDERSTANDS THE POWER OF AN INDEPENDENT JUDICIAL SYSTEM. THE STATUTORY LAW AND THE COMMON LAW ARE CALLED COMPLEMENTARY METHODS TO ACHIEVE THE ENDS OF JUSTICE. (GLR)