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Establishing facts:
Determine facts in order to deduce the truth;
Judges will listen to the witnesses & weigh the
testimony.
Interpreting the law:
Apply the law to the facts which they have
determined;
Deliver their verdict/judgment;
Judges do not evaluate the law or the verdicts.
Creating laws:
Existing laws may not be consistent with the
present situation;
Cases not covered by existing law;
Laws which conflict each other.
Upholding the Constitution:
Interprets the constitution;
Delimits jurisdiction of govt agencies;
Ensures central/state govt does not make laws that
exceed constitution;
Resolve disputes btwn central & state govt or btwn
state govts;
Resolve dispute btwn executive & legislature.
Prevent Infraction of Law & Violation of Human
Rights:
Approach the court for protection from attempts to
violate ones rights;
Courts can issue restraining orders or injunctions;
If the order is disobeyed, the courts have the power
to punish for contempt.
Judicial Review:
Power to declare act of legislature or executive
invalid if it conflicts with the constitution;
Example: judicial review of subsidiary legislations.
4.2 JUDICIAL
INDEPENDENCE
Definitions
Freedom from direction, control or interference in the
operation/exercise of judicial powers by either the
legislature or executive; (Legal Words Dictionary)
Freedom & independence of judges in discharging
their duties;
Decisions of the judiciary should be impartial and not
subject to influence from the other branches of
government or from private or political interests.
4.3 FACTORS TO ENSURE
JUDICIAL INDEPENDENCE
1. Appointment of Judges
Emphasis on quality (knowledge, experience,
character).
Election by the legislature:
Violates the separation of powers;
Judges become subservient to the legislature;
Appointment based on party consideration.
Election by the people:
Judges become the subject of popular passion &
prejudice;
Judges decisions & conduct based on popularity;
People are not qualified to choose judges.