The Threats To Judicial Independence: Experiences From The Commonwealth

Abstract

A culture of judicial independence has to go hand in hand with a culture of constitutionalism. The newly established Commonwealth nations of the post-war era provide a good setting to discuss the co-relation between constitutionalism and judicial independence. The absence of a culture of constitutionalism has been a pervasive feature of Pakistan's constitutional history. Promotions, especially within the higher judiciary, when left entirely in the hands of the executive is bound to become the subject of abuse and resultantly corrosive of judicial independence. A practice of consultation of the higher judiciary by the executive on constitutional affairs is something that should be discouraged. The rule of law is sine que non to constitutionalism and judicial independence. Keywords: constitutionalism; judicial independence