Protecting the independence of the judiciary is one of the top priorities for the new chief justice.
Articles on Judicial independence
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A recent judgment by the US Supreme Court calls into question the separation of powers established by the constitution.
Political leaders in El Salvador, the Philippines and Israel, among other places, have also positioned judges as the enemy of the people.
The current case focused on the deportation of Venezuelan immigrants raises concerns about whether the president will continue to respect the country’s legal system.
All presidents should expect to be sued early and often by state attorneys general of the opposite party.
Senegal elections are offering citizens a peaceful, legal way to influence their leadership and government.
The court covered itself in glory in the first 15 years, but its performance has been patchy since then, coinciding with Jacob Zuma’s presidency.
Appointing individuals who may have links to the party in power is not necessarily troublesome, as long as the process emphasizes legal knowledge and fairness, and not partisan considerations.
Two conditions enable courts to take the risk of nullifying the elections of ruling party candidates.
Kenya’s confidence crisis is a problem because people need to believe the judiciary is acting independently if it is to play its role.
Unlike in most countries, US Supreme Court justices enjoy life tenure. Some legal scholars believe that centuries-old custom, meant to protect judicial independence, no longer serves the public.
Many states have found ways to remove partisan politics from their court systems.
The appointment of judges has hitherto been an obscure and oftentimes clandestine affair. This has produced incompetent judges and led to claims that the judiciary is beholden to the executive.
The judicial process in South Africa is hugely contested. This places an exaggerated burden on the courts to act with maximum independence and impartiality.
Claiming a right to determine reality by mere say-so is becoming increasingly commonplace, but we should never get used to it.
If President Trump’s attacks on the justice system are meant to intimidate, there’s one class of employees who are immune to that: federal judges who have lifetime tenure.
Will the same electoral commission, so heavily criticised in the court’s ruling, improve its capacity and arrange more credible elections?
Mexico’s new president has reduced his own salary and demanded that all federal workers
– including lawmakers and judges – take a massive pay cut, too. That may be illegal.
An effective, accountable National Prosecutions Authority needs at least two things: structural independence and competent personnel with expertise and integrity.
With its attempt to purge the country’s courts of 40 percent of its judges, Poland’s right-wing ruling party passed another milestone on the path towards establishment of a one-party state.
Top contributors
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Associate Professor in Public Law, University of Cape Town
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Professor Emeritus of Public Law, University of Cape Town
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Senior Lecturer in Human Rights, Constitutional Law and Legal Theory, University of Wollongong
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Professor Political Science and Director of McCourtney Institute for Democracy, Penn State
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Lecturer/ Consultant in Applied Ethics, University of Leeds
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Professor of History, University of Michigan
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Senior Research Fellow, University of the Witwatersrand
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Associate Senior Research Fellow, British Institute of International and Comparative Law
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Research Fellow, School of Law, The University of Queensland
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Professor of Political Science, Penn State
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Professor of Law, UNSW
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Professor, Public Affairs, The University of Texas at Austin
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Assistant Professor, University of York
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Professor of Political Science, Northern Illinois University
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Professor of Legal Studies and Political Science, UMass Amherst