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Difficulty: MediumJudicial Independence and the Enforcement of the Rule of Law

In a constitutional democracy governed by the rule of law, which procedure best protects judges against arbitrary removal by the executive arm of government?

  1. Requiring an independent judicial body's recommendation and a two-thirds legislative majority vote based strictly on proven misconduct or incapacityAnswer
  2. B
    Granting the head of state sole discretionary authority to dismiss judges whenever political convenience requires it
  3. C
    Granting sitting executive officers permanent immunity from court summonses and post-tenure criminal prosecution
  4. D
    Subjecting all major judicial rulings to legislative approval before they become legally binding

Answer

Requiring an independent judicial body's recommendation and a two-thirds legislative majority vote based strictly on proven misconduct or incapacity.
Judicial independence is maintained through security of tenure, which protects judges from arbitrary dismissal. Requiring a recommendation from an independent judicial body along with a supermajority legislative vote ensures that removal occurs only under severe, proven conditions like gross misconduct or inability to discharge functions.

Step-by-Step Solution

1
Identify the primary mechanism of judicial security of tenure.
Judicial independence requires that judges cannot be removed at the whim of the executive branch.
Security of tenure guarantees that judges can deliver impartial judgments without fear of political retaliation.
2
Evaluate constitutional removal procedures under the rule of law.
Specialized procedures involving independent bodies (like the National Judicial Council) and a qualified legislative majority ensure rigorous checks.
Involving multiple independent organs prevents any single branch from arbitrarily controlling judicial appointments or dismissals.

Key Concept

Security of Tenure as a Safeguard for Judicial Independence
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Judicial Independence and the Enforcement of the Rule of Law

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