Rethinking the Applicability of Judicial Precedents and the Sustainability of the Independence of the Judiciary in Nigeria (Published)
This paper examines the judicial powers of the courts and the jurisdiction of the courts as provided by the Constitution of the Federal Republic of Nigeria, 1999. The paper also examines other relevant statutes to give an insight into the independence or otherwise of the Nigerian judiciary. It also highlights the doctrine of separation of powers and the rule of law as constitutional principles geared towards safeguarding the sanctity and independence of the judiciary. It further discusses the factors affecting the independence of the judiciary including judicial precedent as it affects the independence of the judiciary. It concludes that the observance of the rule of law and independence of the judiciary in ensuring the sanctity of the temple of justice is the bedrock of a democratic society.
Keywords: Independence, Judiciary, Jurisdiction, Sanctity, powers, temple of justice
Judicial Independence in Somalia (Published)
This study is to present a comprehensive understanding of the state of judicial independence in Somalia. It specifically focuses on examining the constitutional provisions and legal framework that govern the independence and immunity of judges in Somalia. Additionally, it aims to evaluate international standards of judicial independence, analyze the composition and functions of the Judicial Service Commission (JSC) in terms of the appointment, promotion, and removal procedures of judicial officers in Somalia. Furthermore, the study aims to identify the challenges encountered by the judiciary and propose policy and legal reforms based on the research findings, with the ultimate goal of enhancing the independence of the judiciary in Somalia. In this study, using qualitative research, the researchers analysed constitutional provisions, legal frameworks, and a range of published and unpublished materials such as books, journal articles, research papers, reports, internet sources, newspapers, legal systems, and the constitutions of Somalia. The study concludes that while Somalia has made efforts to ensure the independence of its judiciary, there are still significant challenges that need to be addressed, particularly in relation to the appointment, promotion, and removal of judicial officers. To strengthen the judiciary and safeguard its independence and integrity, it is recommended to establish a Judicial Service Commission. This commission would oversee the appointment, promotion, and removal procedures, ensuring they are based on merit and transparency. Additionally, the study suggests that legislative solutions should be considered to review and provide clarity in the legal framework. This would help define the roles, responsibilities, and powers of the judiciary more precisely, contributing to a more robust and independent judiciary in Somalia.
Keywords: Independence, Somalia, immunity of judges, judicial
Linkage between Independence of Judiciary System and Human Rights, Albania’s Case (Published)
Principle of separation of powers is reflected in albanian constitutional system. There are intense debates among constitutionalists about recent developments of this principle. Tripartite system of separation of powers lies in the prediction of independence of judiciary system. Independence of judiciary system is a legal requirement, a core principle of rule of law, a human right guaranteed by democratic constitutions all over the world and as well as a means to enjoy other human rights. Albanian Judiciary System has made limited progress toward independence and impartiality. Regarding legal framework, Albania adopted essential set of laws, even that there are some laws passed by legislative bodies which according to Constitutional Court Verdicts are unconstitutional and violate independence of judiciary system. Another debatable issue it is the composition of High Council of Justice, membership of President of Republic and Minister of Justice. Two parallel inspectorates as Inspectorate of Ministry of Justice and Inspectorate of High Council of Justice overlap each other competences and undermine judiciary independence and intimidate judges. The main research question is about the linkage between independence and impartiality judiciary system and human rights. Dealing with laws ensuring independence, as well as with some legal provisions violating it we will reach into important conclusions
Keywords: Human Rights, Impartiality, Independence, Judiciary system