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Saturday, December 21, 2013

The Judiciary - Commonwealth Caribbean

The Judiciary Fiadjoe says that there is no gainsaying the fact that Caribbean adjudicate micturate any the constitutional guarantees of their independence. In The Bahamas, article 96 (1) expresses that valuate whitethorn not be dismissed except in cases of disease of mind, body or stated misbehavior. Even in such(prenominal) situations there essential be a tribunal hearing with set ahead appeal to the Judicial Committee of the bottom Council. term 35 of The Bahamas constitution expresses that judges salaries are charged on the Consolidated Fund, and is not to be altered to the separate of the judge. phrase 93 (3) and 98 (3) provide that the office of the judge cannot be abolished where there is a substantive holder thereof. Articles 94, 96, 101, 101, 116 and 117 provides safeguards to the Judiciary. In delimit the independence of the Judiciary original Denning states that, no element of the government, fan tan or government official ha s the adjust whatever, to direct or influence the decision of any judge. It is this protection which gives members of the public potency in the judges. If they are to gain the confidence of the people they must be strong-minded of the Executive. This does not regard as that individual judges are free from external pressures in the carrying out of their duties.
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When schoolmaster Donaldson, President of the National Industrial relations court, was asked if he was creditworthy to the Chief Justice or Lord Chancellor in the performance of his duties, he replied that he was scarce responsible to the equity and his conscience, and that signif! ied what independence of the Judiciary was alone about. He further stated that the Judiciary as a whole was self-reliant of the Executive, and emphasized that each judge is independent of every separate judge. In the observations of Dr. Lloyd Barnett, re: the constitution of Jamaica, it was mentioned that victuals relating to judicial officers are designed to insulate them from improper governmental influence. There are...If you deficiency to get a full essay, coiffure it on our website: OrderCustomPaper.com

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