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''INDEPENDENCE OF THE JUDICIARY IN BRITAIN AND CYPRUS: A COMPARATIVE ANALYSIS''----CONSTITUTIONAL LAW COURSE - Essay Example

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“The rule of law requires that the judiciary be independent from the other branches of government” (Richardson, 2007). This makes the judiciary being independent an…
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INDEPENDENCE OF THE JUDICIARY IN BRITAIN AND CYPRUS: A COMPARATIVE ANALYSIS----CONSTITUTIONAL LAW COURSE
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"''INDEPENDENCE OF THE JUDICIARY IN BRITAIN AND CYPRUS: A COMPARATIVE ANALYSIS''----CONSTITUTIONAL LAW COURSE"

Download file to see previous pages That is, it functions separately from them as far as the application of law is concerned. The degree of judicial independence therefore is defined by the nature of the relationship between these three branches and is usually written in the state constitution. To refine the definition of judicial independence, the constructs of ‘insularity’, ‘impartiality’ and ‘authority’ are central to the concept. This means that in exercising judicial independence, judges should neither “be used to further political aims nor punished for preventing their realisation” (Larkins, 1996), that judges base their decisions on the law itself i.e. “not on any predilections towards one of the litigants” (ibid). ‘Authority’ concerns how the law is made, public confidence, judicial reticence and administrative review etc. and how this impacts the perception of judicial independence.
The purpose of judicial independence is that it is considered to be an important structural safeguard. The degree of judicial independence distinguishes authoritarian and liberal states (Watts, 2006: 157). By enforcing the aforementioned rule of law, justice and equality are promoted in society; in particular it is necessary to “curb practices of other authorities in the state when they violate individual and collective rights” (Karamah, 2009). This study will look at the nature and quality of judicial independence in Britain and Cyprus and compare and contrast the two.
Judicial independence in Britain is regarded as “the keystone of the rule of law” (Watts, 2006: 157) because it is how the powers of the state are kept separate, and any interference by politicians in issues before the courts is “seen as an affront to the idea of the rule of law” (ibid). In theory at least, Britain upholds judicial independence in the way in which judges are selected, their security of tenure, and in their political neutrality. Additionally, “those involved in court ...Download file to see next pagesRead More
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