Independence Of Judiciary Essay
The importance of the independence of the judiciary is much like the relationship between law and religion, morality and justice – it is subjective. The concept of judicial independence states that the arm of government known as the judiciary must be separated from the other two arms of government, namely the legislature and the executive. More so, the South African law articulates that the judiciary should not be affected by any external interference from any person or institution. The importance of this concept is greatly criticised by many jurists as well as various politicians. In order to discuss the importance of the independence of the judiciary; the relationship between the concept of judicial independence in terms of – Section 165 of the Constitution and the doctrine of the separation of powers should be …show more content…
The government influenced the judgement made by the judiciary to best serve their interests rather than the interests of the public. However; after the development of the 1996 Constitution, the doctrine of the separation of powers was enacted. It divided the government into three branches; the legislature, the executive, and the judiciary. The legislature is the parliament and is in charge of creating the laws and policies that govern the country, the executive comprises of the president and cabinet and are in charge of implementing the laws and policies made by the legislature, whereas the judiciary comprises of the courts and are in charge of interpreting the laws and apply the interpretations to the cases brought to them. The doctrine of the separation of powers grants the judiciary with independence to interpret and apply the laws constitutionally and to prosecute those found guilty with no prejudice. The doctrine of the separation of powers further enhances the concept of judicial
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