THE RULE OF LAW AND THE JUDICIARY IN MODERN DEMOCRACIES

Chibike Amucheazi, Nnaemeka Nweze, Fochi Nwodo, Clement Anoliefo, Eweputanna Ivy-Mary & Nwiabu Legborsi

Abstract


The rule of law presupposes the equal subjection of all persons and authorities, irrespective of the status or class, to the dictates of the ordinary laws of the land. The judiciary plays a vital role in achieving the aims of the rule of law in modern democracies like Nigeria, to this end an independent judiciary is imperative. This research aimed at discussing the rule of law and the judiciary in modern democracies, with the objectives of finding out the challenges faced by the Nigerian judiciary in upholding the rule of law in Nigeria. The research employed doctrinal research methodology and sourced data from primary sources like the Constitution of the Federal Republic of Nigeria 1999; constitutions of United States of America and that of Ghana which were cited in comparative analysis. Also, secondary sources of data were obtained from journal articles and internet materials. The research found that the process of appointment and removal of judges in Nigeria, financing of the judiciary do not reflect with the accepted international standards and also do not accord with the principles of independence of the judiciary. The research recommended that the judiciary should be completely independent from the other arms of government in line with the doctrine of separation of powers. It went further to recommend that the process and procedure for removal and discipline of judges should be left to the judiciary disciplinary committee. Among other things, the research further recommended that the judiciary should be granted financial and budget autonomy.

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