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Title
Constraints on the Independence of the Judiciary in Nigeria |
Full text
http://dspace.unijos.edu.ng/handle/10485/292 |
Date
1995 |
Author(s)
Danwanka, Shaibu Abdullahi |
Abstract
THE ADVOCATE A JOURNAL OF CONTEMPORARY LEGAL ISSUES - The concept of independence of the judiciary originated from the ancient doctrine of separation of powers propounded by Aristotle and subsequently developed by Massilius, an Italian philosopher and jurist. The doctrine was further expanded by John Locke guided by his observation of the conditions prevalent in seventeenth century England. It was finally systematised and articulated by the French jurist and philosopher Montesquieu' although as a more recent development, the doctrine has undergone various classification to reflect the existing systems of government in various nation- States. Our concern in this write-up is not to discuss the detail content of this doctrine but to explain its basic principles to guide our understanding of the concept of judicial independence (lie fact being that it is based on the assumption of this doctrine. The doctrine of separation of powers as articulated by Montesquieu was predicated on securing civil liberty. His argument was that governmental power, should be divided among the three organs and each shall exercise its power independently since, as he observed, the result of concentrating two or more powers in one hand will be the destruction of individual liberty. No body of men: according lo this argument, can be (rusted wilt the monopoly of forces possessed by the government to avoid oppression and tyranny. |
Subject(s)
Law |
Language
en |
Relation
1995;Vol. 1 |
Repository
Jos - University of Jos
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Added to C-A: 2017-01-25;09:26:46 |
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