Examining the Constitutionality of Funding the Judiciary from Federation Account against the Background of Financial Independence of the Judiciary

Abstract

Introduction

The Judiciary has been described as the last hope of the common man and political civilization is often judged by the degree of dispensation of justice by the judiciary.

According to Henry Sidgwick

"In determining a nation's rank in political civilization, no test is more decisive than the degree in which Justice is defined by the law is actually realized in its Judicial administration, both as between one private citizen and another and as between private citizens and members of the government"¹

Dispensation of justice by the Judiciary is only possible, however, if the Judiciary is independent. Of course, this does not mean freedom of Judges to do what they like but the decision of important and controversial cases and issues on the basis of merit and principle rather than on basis of expediency or to put it differently, rising above passion, public clamour and the politics of the moment and not being tied to the apron strings of the executive, legislative or other concentrations of power. Without judicial independence, no Judge however brilliant and hardworking or well prepared by qualities of heart, mind and professional training can give full effect to the enduring values enshrined in our Constitution or do justice to justice.