Judges' appointments and the threat to judicial independence
Friday, May 31, 2019
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A politicised appointment process that pay lip service to merit inevitably produces judges in name only and will impact on the judiciary many years after the appointment process. It is crucial that the process be fair, transparent and merit based and enjoys public confidence.
At the end of the 18th century English philosopher John Locke, who strongly influenced the English Revolution of 1688 and the American Revolution of 1776, wrote that established laws with the right of appeal to independent judges are essential to a civilised society and that societies that do not have such a right are still “In a state of nature”. Consistent with the thinking of philosopher Locke, modern constitutional law theories often emphasise the importance of an independent judiciary as an indispensable element of the separation of powers and the rule of law.
The BDP as a party known to have ample resources has always held its primaries well in time, but this time around that was not the case. The first leg of the primaries was held last weekend, with the final leg being billed for the coming weekend. This time around, the BDP failed to shine in its primary elections. The elections were chaotic; most if not all polling stations didn't open at the specified time of 6am. Loyal BDP members braved the...