Sunday, September 4, 2011

Judgment's Loyalty


The Supreme Court is a branch of government holding neither the power of the sword nor the power of the purse. It has no power to dictate the tide of the State’s policy, much less the authority to direct government affairs. While it may be true that it is the weakest department, it has the sole authority to strike down any act of the government that violates the constitution. It is the final seat of justice, where free men take refuge and seek protection on the basis of their engraved liberties under the bill of rights.

As an independent institution, the Court, particularly the justices of proven competence, integrity, probity and independence, must not look with favour those who cause their appointment for their loyalty belongs to the administration of justice and not to any other political animal. However, under Constitution, it provides, among others, that the President shall appoint the members of the Supreme Court from a list of nominees submitted by the Judicial and Bar Council. It bears stressing that when the President appoints majority or all of the justices, it might cause the decay of judicial independence and alter its allegiance from the court to the appointing authority.

In order to secure a free and independent judiciary, whose decision must be based on law and high moral precepts, its justices must be appointed by the composing member of the Supreme Court itself. To dictate the courts of law or the Supreme Court its decision would be the highest form of breach in the justice system. After all, the Justices of the Supreme Court must be like Caesar’s wife who must be beyond reproach.  


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