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The Role of the Judicial Branch in a Democracy

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For a judiciary, being free from unfairness is one of its major goals which is the reason why a large number of governments that consider themselves as democratic constantly wish to ensure that independence of their courts is assured by protecting it from any type of the influence. This protection is not only from other divisions of the government but also from private companies and organizations which put in place a large amount of pressure on the judges to rule in their favor. Independence of the judiciary enables it to ensure that a country continues to maintain peace and respects all the rights of its citizens.

In this way, it helps to assure democratic freedom by ensuring that there is no one branch of government that has more power than the other. In addition, an independent judiciary helps to protect the balance between each of the three branches of government. The judiciary also plays a distinct role in providing support to the process of elections since it significantly reduces the power that those who have positions of leadership have. It does this in two ways; the first being that it identifies the activities that can be carried out by a certain government.

Consider as an example how in Canada, the government can only act under the powers set out in the Charter of Rights and Freedoms which aims at ensuring that all Canadians have the rights and freedoms that they deserve are awarded to them. In this regard, a judiciary that is healthy is essential for creating support towards accepting the rule of law and in the long run helping to create a democratic government.

This is because a judiciary that is both easy to access and free from any influence helps to cultivate a clear understanding of what constitutes the law. At its core, a democracy that has a judiciary that is weak will not be able to ensure control of its officials who are elected who in many instances might severely test the limits of their powers as provided within the constitution. In addition, a democracy that is unable to ensure its judiciary is strong and independent will not be able to create the necessary environment that will enable the growth of the economy.

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