Wednesday, April 1, 2009

Independence of judges?

Some persons feel that you can never win a lawsuit against the government since the judges are appointed by the government. However, if you read previous postings, you will see instances where the government has paid compensation for its wrongful acts.

In addition, Singapore laws are drafted to protect the independence of judges. They take an oath to decide without fear or favour. In addition, the highest judges (those in the Supreme Court) have their independence protected by the Constitution (which is Singapore's highest law).

Under the Constitution, a judge cannot be removed except by a cumbersome procedure where a high powered panel of judges comes to the conclusion that the particular judge was guilty of misconduct. Furthermore, a judge's terms of appointment cannot be altered to his disadvantage. This means that a judge's salary cannot be cut just because he has decided a case against the Singapore government.