Page 313 - Week 01 - Thursday, 11 December 2008
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(d) Independence of the Judiciary
An independent, impartial, honest and competent judiciary is integral to upholding the rule of law, engendering public confidence and dispensing justice. The function of the judiciary is to interpret and apply national constitutions and legislation, consistent with international human rights conventions and international law, to the extent permitted by the domestic law of each Commonwealth country.
To secure these aims:
(i) Judicial appointments should be made on the basis of clearly defined criteria and by a publicly declared process. The process should ensure:
(A) equality of opportunity for all who are eligible for judicial office;
(B) appointment on merit; and
(C) that appropriate consideration is given to the need for the progressive attainment of gender equity and the removal of other historic factors of discrimination.
(ii) Arrangements for appropriate security of tenure and protection of levels of remuneration must be in place.
(iii) Adequate resources should be provided for the judicial system to operate effectively without any undue constraints which may hamper the independence sought.
(iv) Interaction, if any, between the executive and the judiciary should not compromise judicial independence. Judges should be subject to suspension or removal only for reasons of incapacity or misbehaviour that clearly renders them unfit to discharge their duties. Court proceedings should, unless the law or overriding public interest otherwise dictates, be open to the public. Superior Court decisions should be published and accessible to the public and be given in a timely manner. An independent, effective and competent legal profession is fundamental to the upholding of the rule of law and the independence of the judiciary.
(e) Public Office Holders
(i) Merit and proven integrity, should be the criteria of eligibility for appointment to public office.
(ii) Subject to (i), measures may be taken, where possible and appropriate, to ensure that the holders of all public offices generally reflect the composition of the community in terms of gender, ethnicity, social and religious groups and regional balance.
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