Table of Contents
- 1 Why is security of tenure important in guarding judicial independence?
- 2 Is security of tenure an aspect of judicial independence?
- 3 Why is security of tenure important for judicial office?
- 4 What is the meaning of security of tenure?
- 5 How can judicial independence be improved?
- 6 How can the independence of judiciary be provided and protected?
- 7 What are the benefits of security of tenure?
- 8 What is the concept of security of tenure?
Why is security of tenure important in guarding judicial independence?
Robust provisions for tenure allow judges the freedom to decide cases according to law, without fearing reprisal through demotion or dismissal, or anticipating favour through promotion or re-appointment, by executive government.
Is security of tenure an aspect of judicial independence?
Judicial independence is guaranteed by the Constitution, unwritten constitutional principles, and federal and provincial laws. The main components of judicial independence are the security of tenure, financial security, and administrative independence of judges.
How does life tenure establish an independent judiciary?
One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests.
Why is security of tenure important for judicial office?
Security of tenure promotes both internal and external judicial independence by limiting the ability of either the executive or the chief judicial officer to determine the conditions or terms of appointment of judicial officers.
What is the meaning of security of tenure?
security of tenure in British English noun. (in Britain) the right of a tenant to continue to occupy a dwelling or site unless the landlord obtains a court order for possession of the property or termination of the tenancy agreement.
What factors limit independence of the judiciary?
FACTORS LIMITS INDEPENDENCE OF THE JUDICIARY IN NIGERIA
- The Constitution of Nigeria. The Constitution is the basic Law of the land and has to be obeyed above every other Law in the Land.
- Inability of the National Judicial Council to live up to it’s expectation.
How can judicial independence be improved?
- Reform discriminatory laws. Where to beginTreaty ratificationIncorporate international standardsConstitutional reformReview and reform of legislationEngage in strategic litigationUsing international forumsUsing regional forums.
- Improve response to survivors.
- Provide training and develop capacity.
How can the independence of judiciary be provided and protected?
(i) protecting salaries and service conditions of judges. (ii) prohibiting the judges from carrying on practice in courts of law after retirement. (iii) providing Single judiciary.
How is the judiciary independent in India?
In India, the separation of executive and judiciary is incorporated in the Directive Principles of State policy of the Indian Constitution. Such rights are mere guidelines to the state and cannot be enforced through the court of law, which means that this separation is not absolute in nature.
What are the benefits of security of tenure?
Security of tenure offers protection, by ensuring that an office-holder cannot be victimised for exercising their powers, functions and duties. It enables the democratic or constitutional methodology through which an office-holder comes to office not to be overturned except in the strictest and most extreme cases.
What is the concept of security of tenure?
Meaning of security of tenure in English the legal right to continue living in or using a building, land, etc. that is rented from the owner: This statutory provision gives a business tenant security of tenure.