Friday, 23 July 2010 13:37

Appellate Review and Judicial Independence in Islamic Law

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 Appellate review and judicial independence are interrelated in the sense that
independence can hardly become a reality in the administration of justice unless it
begins within the ranks of the judiciary itself. The judiciary can attain independence
vis-à-vis the executive and other organs of state only when it is assured of the
integrity of its own decision-making process. In other words, independence demands
self-sufficiency and resourcefulness. A judiciary which is equipped with the means to
rectify its own errors, can nurture higher standards of refinement and consequently
aspire to greater public confidence and esteem. Judicial review and independence
can in this way be complementary and mutually supportive. A conflict between them
can, however, arise when the stronger voice in the corrective mechanism becomes so
assertive as to impinge on the freedom of the judges and their ability to formulate
independent judgement. ........ Download the full article in pdf attachment (below)

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