Judicial independence protects citizens’ confidence in courts

JUDICIAL independence protects citizens and leads to more democratic governments, says Australian Senior Counsel Arthur Moses.

He raised this in his virtual presentation on Judicial Independence and the Separation of Powers, at the Fiji Law Society Convention 2023 at Pacific Harbour last Friday.

Mr Moses said an independent judiciary was indispensable to building public confidence in the judiciary and the administration of justice, in which the public could be confident their judges would decide cases in accordance with the law.

He said while there was no uniform or agreed definition, there were at least theoretical elements or features of a legal system that have been identified as enabling the judiciary to be independent.

“These elements or features include promoting the separation of powers, adopting a transparent and merits-based approach to the appointment of judges who reflect the composition of society; and ensuring security of tenure for judges, as opposed to, for example, shortterm contracts with the prospect of reappointment,” he said.

“Having an independent judiciary, which is supportive and reflective of the separation of powers, is essential to ensuring that citizens’ rights are protected, societal order and peace, and good government.

“It leads to more democratic governments.”

Mr Moses quoted former Australian chief justice Sir Gerard Brennan, who he said aptly described judicial independence as not existing “… to serve the judiciary; nor to serve the interests of the other branches of government. It exists to serve and protect not the governors but the governed”.

“That is, it protects citizens.”

Picture: ELIKI NUKUTABU Australian senior counsel Arthur Moses says judges have not been appointed from the profession of Fiji, but rather recruited externally, means that ultimately the rule of law is eroded and the citizens of Fiji suffer.