Government 2, WASSCE (PC), 2016

Question 2

(a)        What is Judicial review?
(b)        Outline four ways of ensuring Judicial independence in a country.

Observation

This was a popular question and was attempted by most of the candidates. The performance of the candidates who attempted it was good as they really understood its demands. However, some candidates did not do well in the (b) part and deprived themselves good marks. The candidates were expected to provide the following answers to the question:

(a)        Judicial review is a constitutional power granted to the judiciary notably the Supreme Court to interpret legislative acts as well as executive actions and to declare them unconstitutional if they are inconsistence with the constitution.

(b)       

(i)         Appointment of judges should be done by an independent body.
(ii)        Salaries of judges must be charged on Consolidated Fund.
(iii)       Judges must enjoy security of tenure of office.
(iv)       There must be a defined rule or procedure for the removal of judges                                    from office.
(v)        Judges must enjoy immunity from persecution in the performance of                                              their duties.
(vi)       Judges must be politically neutral.
(vii)      Judges must be free from intimidation and persecution.
(viii)     Promotion of judges should be based on merit.
(ix)       Consideration of personal integrity before the appointment of judges.
(x)        Conditions of service should be attractive.