Kenneth Sithebe Candidate Attorney, Centre for Child Law, Faculty of Law, University of Pretoria When we neither punish nor reproach evildoers, we are not simply protecting their trivial old age, we are thereby ripping the foundations of justice beneath new generations. Having presented her findings to the public, the Public Protector was hailed by some as a heroin to a South Africa that is ridden with corruption, whilst some questioned her credibility and the integrity of her office. However, what should not be welcome are unsubstantiated remarks aimed at undermining the office of the Public Protector, or any of the other Chapter 9 institutions, namely, the South African Human Rights Commission; the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; Commission for Gender Equality; the Auditor General; and Electoral Commission.
The Judiciary is the third organ of the government. It has the responsibility to apply the laws to specific cases and settle all disputes.
Role of Judiciary as the guardian-protector of the constitution and the fundamental rights of the people makes it more respectable than other two organs.
Functions of Judiciary and Its Importance: To Give Justice to the people: The first and foremost function of the judiciary is to give justice to the people, whenever they may approach it. It awards punishment to those who after trial are found guilty of violating the laws of the state or the rights of the people.
The aggrieved citizens can go to the courts for seeking redress and compensation. They can do so either when they fear any harm to their rights or after they have suffered any loss.
The judiciary fixes the quantity and quality of punishment to be given to the criminals. It decides all cases involving grant of compensations to the citizens.
Interpretation and Application of Laws: One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the course of deciding the disputes that come before it, the judges interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific case.
This function is performed by the judges. The law means what the judges interpret it to mean. The judiciary also plays a role in law-making.
The decisions given by the courts really determine the meaning, nature and scope of the laws passed by the legislature. The interpretation of laws by the judiciary amounts to law-making as it is these interpretations which really define the laws. The latter can decide the cases before them on the basis of the decisions made by the higher courts.
Judicial decisions constitute a source of law. Where a law is silent or ambiguous, or appears to be inconsistent with some other law of the land, the judges depend upon their sense of justice, fairness, impartiality, honesty and wisdom for deciding the cases.
Such decisions always involve law-making. It is usually termed as equity legislation. The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the right to seek the protection of the judiciary in case his rights are violated or threatened to be violated by the government or by private organisations or fellow citizens.
In all such cases, it becomes the responsibility of the judiciary to protect his rights of the people. Guardian of the Constitution: The judiciary acts as the guardian of the Constitution.
The Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it. For this purpose the judiciary can conduct judicial review over any law for determining as to whether or not it is in accordance with the letter and spirit of the constitution.
In case any law is found ultra vires unconstitutionalit is rejected by the judiciary and it becomes invalid for future. This power of the court is called the power of judicial review. Power to get its Decisions and Judgements enforced:In truly democratic countries, opposition plays a healthy role to promote democratic values.
It never hesitates to appreciate those policies of the ruling party which . Its role is as the Commonwealth agency for civil society, funded by governments and dedicated to strengthening public participation in all aspects of public dialogue in democratic societies.
Professional bodies also strengthen democratic institutions across the Commonwealth. The Role of Government and Judiciary in Democracy - Free download as Word Doc .doc), PDF File .pdf), Text File .txt) or read online for free. Democracy, government and judiciary and its coherent functioning to sustain the system could be compared to a living body.
The mind/brain becomes the government, responsible to control and ensure the proper flow of energy in the body constituting of. Role of the Judiciary in Democracy.
Print Reference this. Disclaimer: In a liberal democratic state, the judiciary has four main responsibilities including formulating the rule of law through the interpretation and application of law to respond with a verdict, settling disputes, checking legality and being a player in state politics.
maryland law review volume xix summer, number 3 the warren court under attack: the role of the judiciary in a democratic society. Strengthening Judicial Integrity and Capacity Vienna International Centre, PO Box , Vienna, Austria the Judiciary of Spain and Secretary to the Ibero-American Group of the International 2 ResouRce Guide on stRenGtheninG Judicial inteGRity and capacity.