Government has created legal machinery that operates within the concept of "justice under law”. This legal instrumentality is a system of courts, or the judiciary, which applies the law for the settlement of disputes.
Justice under the Law:
Those who are authorized to enforce the law must treat people fairly and equally by showing respect for the rule of the law. Only by applying the law equally to all – rich or poor, high or low – can it be said that those in power gain legitimacy and acceptance from those people over whom they rule.
The Judiciary Defined:
Judiciary is the branch of government which interprets the laws of the state and upon which devolves the application of the law for the settlement of conflicts arising from the relations between persons and between government and the persons. In a democratic society, the judiciary is the bulwark of individual liberties and freedoms and the guardian of the Constitution.
The Concept of Judicial Independence:
This means that the judges are independent in rendering impartial decisions, completely free from executive and legislative control, pressure and influence from any person, individuals or groups. The concept of judicial independence demands that an independent judiciary must be the “cornerstone of democracy” and the bulwark of freedom. The independence of the judiciary is protected by the Constitution of the state.
The Judiciary as Enforcer of the Bill of Rights:
The Constitution provides all the protection the judiciary needs to assert its independence from the executive, legislature, other government institutions, persons and private entities. The judiciary should enforce the Bill of Rights in deciding against acts of the executive or the legislature, or of any person or group that deny the citizens the blessings of liberty and justice.
Organization of the Judiciary:
The organization of the judiciary is important in the light of such goal of creating a judicial...