Government 2, WASSCE (PC, 2ND) 2018

Question 3

 

(a)        What is judicial independence?

(b)        Outline four conditions that can ensure the independence of the judiciary

Observation

This was another popular question and the candidates’ performance was average. They really had a good idea of the question. However, a few candidates performed poorly in part (b) and score low marks. The candidates were expected to write the following points as answers to the question.

 

  1. Judicial independence is a situation where the judges do not respect persons or institutions but ensure fairness in the discharge of their functions irrespective of who is involved.
    1. Appointment: the appointment of judges and magistrates should be done by a neutral body and not by the executive.
    2. Promotion of judges: judges should be promoted as at when due to avoid temptations for corruption.
    3. Remuneration: salaries and allowances of judges must be sufficient to meet their needs and charged on the consolidated fund.
    4. Security of tenure: A judge shall not be removed from office except for cases of gross misconduct, incompetence and dereliction of duty.
    5. Immunity: Judges should be immuned for pronouncements they made while discharging their duties.
    6. Judges must be politically neutral.
    7. Judges must be restrained from cases in which they have vested/personal interests.
    8. Judges must be bold enough to charge any person for contempt of court.
    9. Judges must be restrained from social engagements and interactions.