Answer to Question #221352 in Law for Kiffi

Question

Discuss the principle of judicial independence with regard to the personal independence of an individual judge

Answer 1

Judicial independence and impartiality are enshrined in the Constitution. Section 165(2) provides that ‘the courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice.’ Judicial independence and impartiality are also implicit in the rule of law which is foundational to the Constitution, and in the separation of powers demanded by the Constitution.