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In what ways could the executive arm of government interfere with the independence of the judiciary?

  • POLITICAL APPOINTMENT: The appointment of judges is influenced by the
    executive. The executive have often used
    their power to appoint those who
    will support their policies. 
  • DISRESPECT FOR COURT DICISION OR ORDERS:- Sometimes decisions of law courts are not
    obeyed by the executive. 
  • INADEQUATE
    FUNDING: Sufficient funds are not allocated to the
    judiciary in the annual budget usually prepared” by the executive. 
  • SETTING
    UP OF TRIBUNALS: Sometimes, people making up the tribunals do
    not have .proper legal training hence cannot interpret laws
    adequately. 
  • REMOVAL OF JUDGES: Sometimes, the executive removes judges from
    office for not favouring them. 
  • BACKDATING OF LAWS: In Britain, for instance, no court can
    question the Acts of Parliament because of its
    supremacy. The parliament can even
    backdate laws to favour a particular interest regardless of 
    court’s decision. 
  • PROMOTION
    OF JUDGES: Promotion of judges to the high rank is
    done by the executive. .i.e. Judges moving from high court to federal appeal
    court or appeal court to supreme court. 
  • POLITICAL INTERFERENCE: Often times, the decisions of the court may
    unduly >be influenced by the executive. 
  • DECREES: Miliiary regimes made decrees or laws that
    cannot be challenged in any court.


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