Home » Government » Government Theory  How can the efficiency of the judiciary be guaranteed in safeguarding the rights of a…

Government Theory  How can the efficiency of the judiciary be guaranteed in safeguarding the rights of a…

 How can the efficiency of the judiciary be guaranteed in safeguarding the rights of a citizen. 
 

Explanation

The efficiency of the judiciary can be guaranteed in safeguarding the rights of a citizen through:

(i) Appointment : Officials making up this body (Judiciary) should not be appointed by the executive but by a neutral body.

(ii) Dismissal : As long as the executive does not appoint judges, they should also not dismiss them.

(iii) Total separation of power: There is the need to separate the judiciary from other arms of government e.g. the executive and legislature. This will make for efficiency.

(iv) Remuneration: Sufficient salary and remuneration should be paid to judges and this should be from the consolidated fund.

(v) Funding: The executive should not fund the judiciary.

(vi) Immunity: Immunity of the judiciary or of workers in that arm of government will ensure efficiency. 

(vii) Promotion: Promotion of judges should not be by the executive arm of government.

(viii) Independence of the Judiciary: Judges must be totally free from the control and interference of the other two arms of government.

(ix) Security of tenure in office : Judges should remain in office as long as they maintain honesty in their work. There should be security of tenure.

(x) Political neutrality: Judges can easily be influenced by the tides and waves of politics if they belong to political parties. So, they should not belong to any political party.

(xi) Security : Enough security should be provided for Judges. This should be done both within and outside the courts, so that threats to their lives, harassment, etc are checked.

(xii) Fair treatment: For them to remain impartial, judges should be treated fairly and this in return will promote efficiency of the judiciary.