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WAEC Government 2021 Theory — Question 3

Question 3 of 10 from the West African Examinations Council (WAEC) Government 2021 Theory paper, with the correct answer and a full explanation.

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3. Outline five reasons for which the judiciary is kept independent of the control of the executive and legislature.

Model answer

i. For the purpose of fair judgments: judicial independence enables judges to discharge their duties discriminately/impartially, i.e. they should be neutral to all parties. ii. To uphold the democratic principle of accountability. iii. To prevent arbitrary acts/rule: this is to prevent abuse of power by officials in government. iv. Protection of individual rights/group rights: an independent judiciary protects the liberty/rights of citizens from being oppressed/infringed upon. v. For the maintenance of the Rule of Law: judicial independence is necessary to promote strict observance of the rule of law, in line with the country's constitution. vi. For fair and just constitutional interpretation: the judiciary serves as independent arbiter for the interpretation of the constitution and other laws. vii. Ensures checks and balances in a constitutional government. viii. Judicial independence is necessary to ensure free and fair elections. (Also: to prevent arbitrary disqualification of party/candidates from contesting elections, to ensure public/national interest prevails against selfish interest of individuals or groups, to enable judges to perform their duties without fear or favour, to ensure public confidence in the judiciary, to insulate the judiciary from partisan politics, to ensure judicial professional integrity.)

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