Judicial Accountability

Know the Concept of Judicial Accountability

Judicial Accountability Means Judges are free to make their judicial decisions without fear or favour and thus to preserve their independence.
The peculiar constitutional position of the judiciary and the conventions protect their independence.

First of all we will know the meaning to say someone is accountable for their actions. In many areas accountability means that, just like football managers, an individual who fails to perform satisfactorily in their job should be sacked or should resign. Some people have called this form of accountability, ‘sacrificial accountability’, meaning that the only solution is for the individual concerned to no longer continue in their role.

In the case of the judiciary, however, safeguards are needed to ensure that Judges are free to make their judicial decisions without fear or favour and thus to preserve their independence. For example, if a politician or senior judge felt able to sack a particular judge, or remove him or her from a case, simply because they did not like the decision reached, the principle of judicial independence would be greatly undermined and there could be no possibility of a fair trial. It could also lead judges to make decisions they felt might be more acceptable to whoever had the right to decide whether they should continue serving as judges or be promoted. If, for instance, the permanent or continued appointment of a part-time temporary judge was in some way determined by one of the parties to the case, there would be a real risk that independent and impartial judicial decision-making could be subverted by self-interest.

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