The Law on Judicial Authority and Judicial Independence
Mahmud Al-khudayri
Abstract
Mahmud Al-khudayri
Abstract
According to Article 78 of the judicial authority law, “A department of judicial inspection shall be formed in the ministry of justice to inspect the work of judges and presidents of courts of first instance.” This judicial inspection department deals with all aspects of the work of members of the Office of Public Prosecution and of judges up to the grade of president of court of first instance. The law contains no binding provision for the government to choose the minister from the members of the judiciary, and the government often appoints persons who are far from the judiciary, such as lawyers and academics. Furthermore, the draft amendment prepared by the Judges' Club in 1991 and adopted by its general assembly aimed to put the judicial inspection department under the supervision of the Supreme Judicial Council.
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According to Article 78 of the judicial authority law, “A department of judicial inspection shall be formed in the ministry of justice to inspect the work of judges and presidents of courts of first instance.” This judicial inspection department deals with all aspects of the work of members of the Office of Public Prosecution and of judges up to the grade of president of court of first instance. The law contains no binding provision for the government to choose the minister from the members of the judiciary, and the government often appoints persons who are far from the judiciary, such as lawyers and academics. Furthermore, the draft amendment prepared by the Judges' Club in 1991 and adopted by its general assembly aimed to put the judicial inspection department under the supervision of the Supreme Judicial Council.
Key concepts: Law, Judicial independence, Political science, Judicial discretion, Supreme court, Economic Justice, Judicial activism, Judicial review