Interrogating the Autonomy of the Judiciary and its Role in Building a Strong National Democracy

Abstract

There is no doubt that the judiciary is one of the three arms of government vested with constitutional powers of law interpretation and administration of justice. It is therefore not out of place that the constitution to an extent provided measures to ensure its autonomy or independence so as to enhance separation of powers and checks and balances in governance. It is however worrisome that the autonomy of the judiciary has continued to hang in the balance and at the mercy of the executive arm upon which it has continued to depend on for funding and appointment of judges etc. This has adversely affected the role of the judiciary in building a strong national democracy. The paper interrogated the autonomy of the judiciary and its role in building a strong national democracy. The paper raised a number of pertinent conceptual and theoretical issues of practical implications relating to the theme. The importance and threats to judicial autonomy were unraveled. The paper affirmed that judiciary is the guardian and protector of fundamental human rights as well as the arbiter of disputes among all levels of government. This is why the judiciary ought to be not only autonomous but independent so as to be free to perform its functions without fear or favour. This is the primary goal of separation of powers; to enable the three arms of government to be independent of each other financially and otherwise. The paper made some recommendations for future purposes.