SS1: GOVERNMENT – 2ND TERM Structure and Organization of Government: Judiciary | Week 6 Theory Questions – Structure and Organization of Government: Judiciary

Lesson 6, Topic 5

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Theory Questions – Structure and Organization of Government: Judiciary

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Theory Questions and Answers – JudiciaryThe judicial branch of government refers to a country’s court system. Judiciaries are responsible for interpreting and applying a country’s laws in particular cases, and can also be invested with the... More

Theory Questions and Answers – Judiciary:

1. (a) Explain the term “judiciary” (b) Discuss in detail, the characteristics of judiciary

2. (a) Explain the following terms

(i) judicial review (ii) judicial independence

3. What are the reasons for judicial independence?

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Theory Questions and Answers – Judiciary

1(a) Explain the term “judiciary”

Answer: Judiciary is an arm of government that interprets the laws and adjudicates on matters.

(b) Discuss in detail, the characteristics of the judiciary.

Answer:

The Judiciary is made up of the bar, the bench, and the courts.
The Judiciary works within its prescribed code.
The Judges have stable terms of office
The judiciary is independent of other arms of government.
The Judiciary is a permanent institution of government, even in military regimes, the judiciary is still retained.

2(a) Explain the following terms

(i) Judicial review :

Answer: This is the process where the judiciary is empowered to check the constitutionality of the actions of other arms of government.

(ii) Judicial independence:

Answer: This is a pre-requisite democratic tenet, where the judiciary is free from the control and manipulations of other arms of government.

3. What are the reasons for judicial independence?

Answer:

It enables the judiciary to do their work without fear or favour.
It prevents the judiciary from turning into puppets in the hands of other arms of government.
It prevents abuse of powers of other government functionalities.
With Judicial independence, it is easier for the courts as the last hope of common men to give justice.
An independent judiciary will effectively protect the constitution of the state.

4. Highlight the functions of the judiciary.

Answer:

The judiciary interprets the laws of the state.
The judiciary protects the constitution of the state from being violated.
The judiciary advises the president on legal matters in the state because they are the experts in this area.
The judiciary protects the citizen’s rights from being violated and they are the last hope of the common man.

5. What are the conditions necessary for judicial independence?

Answer:

Appointment of the judicial officers should not be made by the executive but by the Judicial Service Commission.
An independent judiciary should not be disciplined by the executive or other arm but by a judicial commission.
The judicial officer’s promotions should not be in the hands of the executive/president.
Judges and Magistrates should enjoy some form of immunity in the course of their duty.
For the judiciary to be independent, their remuneration must be attractive to avoid being lured into corruption.

6. What are the limitations to judicial independence in Nigeria?

Answer:

In Nigeria, political interference is a big threat to the independence of the judiciary.
Judges are appointed on a partisan basis.
Bribery and corruption in the system limit the independence of the judiciary.
Salaries and allowances of judicial officers are determined by the other arms of government.
The insecurity of the tenure of the judges is a big limitation to the independence of the judiciary.

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