CEU Electronic Theses and Dissertations, 2023
| Author | Barrie, Chernor Mohamed Musa Bounanya |
|---|---|
| Title | Judicial Service Commission: Enhancing judicial independence in Sierra Leone, Kenya, and South Africa |
| Summary | Judicial Independence, which closed intertwined with the separation of powers doctrine and the system of checks and balances, is a principle that refers to the extent a country's judiciary is shielded from external pressures, enabling judges to make impartial decisions without fear of interference or retaliation from other branches of government or powerful actors. While international and regional human treaties, including guidelines and principles, have been developed to define judicial independence yet they did not enforce anything beyond proposing and suggesting some of the most effective means that can be used to enhance it. This study was embarked on to investigate how the Judicial Service Commission can enhance judicial independence in Sierra Leone, Kenya, and South Africa. Although various elements encompass’ judicial independence, the study focuses on only the security of judges' tenure, appointment, and dismissal processes by focusing extensively on the de jure and de facto judicial independence design in all three countries. Sierra Leone is a point of departure to investigate how judicial independence operates in Kenya and South Africa. Where Kenya and South Africa fall short, the study uses international guidelines and principles to recommend enhancing judicial independence in all three countries. The study reveals that Sierra Leone, compared to Kenya and South Africa, performs relatively poorly in enhancing judicial independence and concludes that, although Kenya and South Africa do have some challenges to enhancing judicial independence, the security of tenure, appointment, and dismissal procedures of judges in Sierra Leone are somewhat not in accordance with international guidelines and standards that promote judicial independence. The study, however, provides recommendations on how to do so. |
| Supervisor | Böckenförde, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2023/barrie_chernor.pdf |
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