Judicial Independence Essay

3903 words - 16 pages

Judicial independence, although often argued to be a fundamental concept to the rule of law, democracy and political stability, alarmingly continues to be contested and vague even in economically developed liberal democratic states recognized for the rule of law. This was particularly indicated by leading US constitutional scholar ‘name’, ‘there is a disagreement about whether or how to criticize judges and their decisions, and about whether or how to discipline judges. And, of course, there is pervasive disagreement about whether our judges exhibit too much or too little independence.’ The problems are exaggerated in cases of developing countries with unstable democracies and ...view middle of the document...

As a communist dominated, socialist state, the separation of powers fails to be a principal theme. The People’s Congress is the primary organization of the state’s political power. As provided by the 1982 Constitution, the National People’s Congress (NPC) is the main body of state power, and is required to be beneath the direction of the communist party. The SPC, although identified as the state’s highest judicial body, is compelled to report to the Congress. Numerous system defects exist. Firstly, the present organizational arrangement of the judicial system makes judicial independence particularly difficult. As previously mentioned, China maintains a unitary four level judicial system, starting with the SPC and ending with the county trial courts. The SPC, though, does not have any control above the lower courts with the exception of work connections. The judges of the lower court are chosen and decided on by the Local People’s Congress. The Congress is greatly influenced by the Local Communist Party chief and government leaders. Additionally, the spending, including the earnings of the judges, is made available by the budget of the local government. Furthermore, Chinese judges do not have a life term, hence it is possible at anytime, for a judge to be replaced or dismissed by the Local People’s Congress. For that reason, it is a fairly common view that judges will abide by the instructions and assessments given by the local government on individual cases, as government and judicial powers are commonly entwined.
Following on, another aspect which has an effect on judicial independence is the need for professional ethics and the existence of judicial corruption. Randall Peerenboom argues that the judiciary in China is ‘plagued’ by corruption. Indeed, the idea that the main purpose of laws is to reinforce state capacity and satisfy political ends is deeply entrenched in the Chinese political theory. This often appears to outweigh the standards of justice and equality. Such observations have further led to the members of the judicial system being referred to as ‘political-legal cadres’.
The mistreatment of cases and unlawful rulings, which triggered the reversal of 85,000 plus cases in 1998, was directly linked to judicial corruption as remarked by Junhai Liu. An additional report which indicated the levels of corruption was also presented to the NPC by Xiao Yang, during his presidency of the SPC. It was further disclosed in 2005, that almost 470 judges were penalized for corruption in the period between 2003 and 2004. This implies that the corruption is deep-rooted in the structure of the judicial system. As suggested by the findings of Kenneth Lieberthal in 2004, officials frequently overlook or disregard laws and policies, fabricate reports and abandon the wellbeing of the public under their constituency. This is further supported by the SPC 2002 Work Report, which states that 995 judges and judicial personnel were found to have...

Other assignments on Judicial Independence

Constitution Paper

1142 words - 5 pages Constitution Paper Tiffany Sky Mendoza March 2, 2015 HIS/110 Davon Bissonette Constitution Paper There are four weakness in The Articles of Confederation. One week after the Declaration of Independence. Continental Congress started working on the Article of Confederation for the independent America states. The ideal was to bring the thirteen states together and at the same time allow each state to remain independent. Unfortunately

Planter+Diary-1 Essay

851 words - 4 pages legislative, judicial, and executive blueprint for our new nation. Jefferson ecstatically expressed that this new document, known as "The Constitution" will be a mere reflection of America's mind. He also stated that The Constitution will be the foundation of America's laws for many years to come and that the Articles of Confederation will no longer apply once the new document is ratified. Jefferson declared "The example of changing a constitution by

Federal Gov

4651 words - 19 pages Jefferson’s work in the Declaration of Independence. That by, nature have the right to have the same amount of equality of political rights. e. Karl Marx – founder of the ideal of the communism in Europe. Social democratic of the western Europe derive from the ideas of Marx. The Russian social democratic party. f. John Jack Rousseau – people in primitive society were better off morality than the one in the current because the current

Country Profile On Chile

1134 words - 5 pages Country Profile: Chile Chile was under Inca rule before the Spanish arrived there in the 16th Century. Chile claimed their independence in 1810 but never had a decisive battle over the Spanish until 1818. Between the years of 1879 and 1883 Chile defeated Peru and Bolivia where it won it’s northern regions in a War of the Pacific. Chile has undergone a series of elected Governments. In 1973 a three year Marxist Government was overthrown

The Constitutional Bodies In Bangladesh

4372 words - 18 pages bodies and statutory organisations. Appointed by the President of the Republic, the Comptroller and Auditor General (CAG) heads the Supreme Audit Institution. CAG has the mandate to determine the scope and extent of audit. The Constitution of the People's Republic of Bangladesh provides the CAG with complete independence i.e. he is not subject to any other authority having access to all documents required for conducting audit. In part (viii


2411 words - 10 pages tribal matters are heard and adjusted during the Green Corn Festival. Judicial powers within the reservation are in the hands of a council of medicine men, which decrees penalties for violations of its rules. Banishment…is considered the worst form of punishment” (FWA-WPA 1946, 46). Ultimately, the festival confers a spiritual cleansing and revitalization. The Creek tradition is also present in the Seminoles’ spoken languages. Historically


3412 words - 14 pages distinctly Tanzanian essence to it. Although Nyerere’s ideals did not bring prosperity or even independence from external powers, his roles as ‘Father of the Nation’ and mwalimu, or teacher, were very important for the development of pan-African thought (McDonald, 2003). 5. Rule of law/ Decency Good governance promotes the rule of law that is enforced impartially. The formation and stewardship of the rules is undertaken without harming or causing

Economy Of Venezuela

3694 words - 15 pages , currency controls, and the democratic process. • Currency controls remain an issue and implementation procedures have changed frequently and significantly over the last twelve months. • Lack of transparency in the public procurement process, coupled with an anti-U.S. company bias in government procurements. • Inadequate Intellectual Property Rights protection. • Lack of judicial certainty and independence. • Aggressive

An Understanding Of Public Administration

2582 words - 11 pages 2). He argued that so much emphasis was being put into the institutions of government such as the executive, legislative and judicial that there no energy or motivation used to address various administrative questions. Because of this activity, Wilson concluded that” it was becoming harder to fun a constitution than to frame one” (Denhardt page 2). He felt that there was a need to change the day to day operation of the US government from a

Economic Development Of Third World

4827 words - 20 pages technology11 Economic diversification12 Corruption13 Conclusions16 References18 Economic Development of Third World Countries History The end of the World War II brought into being a number of new nations in Asia and Africa, which gained independence from colonial rule and were given a title of “Third World”. The term was created by French demographer Alfred Sauvy and was originally intended to distinguish newly emerged states from the

American Life During And Post-Civil War

2988 words - 12 pages their dominated South. In addition, despite the Force Act to disband the KKK, the Southern Democrats called “redemptions,” continued to scare Blacks and the scalawags to vote for Republicans into office. Their efforts also reached a point of extreme climax, as several counties saw only a dozen votes for the Republicans in the south. This event is where the highest judicial authority of the United States, the Supreme Court was to be distrusted and

Similar Documents

Constitution Essay

752 words - 4 pages in the Declaration of Independence. The US Constitution created a government of three branches—executive, legislative, and judicial, granting unique powers to each branch. “He has refused his Assent to Laws, the most wholesome and necessary for the public good.” (Declaration of Independence) The king of Great Britain refused to set laws for the common good of the people. “Congress shall make no law respecting an establishment of religion, or

Constitution Paper

782 words - 4 pages many complaints of the Declaration of Independence. The US Constitution created a government of three branches—executive, legislative, and judicial, granting unique powers to each branch. “He has refused his Assent to Laws, the most wholesome and necessary for the public good” (Declaration of Independence). The king of Great Britain rejected and refused the idea of setting laws for the common good of the people. The king never had the interest of

Colonialism And Africa Essay

1734 words - 7 pages study of African juridical development, Sandra Fullerton Joireman explains that the practice of limiting formal judicial participation of native Africans led to the weakness of a judicial branch post-independence. In the French colonies, where civil law was the style, both the lack of native legal training and the limited viability in poor societies meant that there was not enough for such a judiciary to flourish. That branch of the public sphere

Administrative Organs In Kazakhstan Essay

3625 words - 15 pages Administrative organs in Kazakhstan. Table of Contents 1.  Introduction 2. Legal System of Kazakhstan 2.1. Constitution of the Republic of Kazakhstan 2.2. Constitutional Laws 2.3. Codes 2.4. Other Normative Acts 3. State Order in the Republic of Kazakhstan 3.1. Presidency 3.2. Parliament 3.3. Government 3.4. Constitutional Council 3.5. Judicial Authority 3.6. Local Public Administration and Self-Administration   1