Independent Democracy Essay

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Few can imagine a government without some form of a judiciary. The judiciary has come to inhabit a dramatically important place in politics, providing valuable legal expertise to ensure government does not run off course. Independent judiciaries strengthen democracies by offering legal protection to citizens, implementing governmental accountability, and applying checks/balances to other branches of government. Authoritarian regimes can undermine the independence of the judiciary throughout outright bribes or refusal to implement their decisions. In any democracy, there must be an avenue by which citizens can advocate for their personal rights and liberties. The judiciary fulfills this purpose in a democracy, as it ardently defends the rights …show more content…

The independent judiciary in many democracies helps to ensure that other branches of government, branches were are partisan and in no way independent, are kept in line and do not take improper actions. Every law Congress passes is up for being declared unconstitutional by the judiciary, giving them the powerful ability to ensure the fundamental provisions of a country are obeyed. Additionally, the independence of the judiciary ensures that laws and decisions are not overturned because of disagreement with the politics behind them, but rather because they objectively violate the rights of …show more content…

This scenario represents a complete lack of recognition of the judiciary’s authority and relegates it to an ineffective and powerless institution. Thabo Mbeki, South Africa’s former President, is a prime example of denying the judiciary its rightful powers. In 2002, Mbeki denied thousands of pregnant women in the country access to antiretroviral medications to help treat them of their HIV. The judiciary firmly declared his actions unconstitutional and demanded he give the vulnerable women access to the life-saving medication. Through a series of “delays” and “technical mishaps”, Mbeki continued to prevent access to the medication strictly out of his own personal principles for years. A judiciary cannot operate when its actions are completely ignored, and Mbeki demonstrated a great level of disrespect for his country’s governmental

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